Committee Legislation

Bill Introduced Description
S.363 Feb-14-13
STATUS: February 14, 2013.--Introduced. May 16, 2013.--Full committee markup; ordered to be reported with an amendment favorably. July 15, 2013.-- Reported to the Senate without amendment. S. Rept. No. 113-72. July 15, 2013.--Placed on Senate Legislative Calendar. [Calendar No. 129]. July 9, 2014.--Passed Senate without amendment by Unanimous Consent. July 10, 2014.--Message on Senate action sent to House. July 10, 2014.--Referred to House Committee on Natural Resources. September 18, 2014.--House Ordered to be Reported by Unanimous Consent. S.363 Geothermal Production Expansion Act of 2013 (Introduced in Senate - IS) S 363 IS 113th CONGRESS1st SessionS. 363 To expand geothermal production, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 14, 2013 Mr. WYDEN (for himself, Ms. MURKOWSKI, Mr. BEGICH, Mr. CRAPO, Mr. RISCH, and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To expand geothermal production, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Geothermal Production Expansion Act of 2013'. SEC. 2. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF GEOTHERMAL RESOURCES. Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amended by adding at the end the following: `(4) ADJOINING LAND- `(A) DEFINITIONS- In this paragraph: `(i) FAIR MARKET VALUE PER ACRE- The term `fair market value per acre' means a dollar amount per acre that-- `(I) except as provided in this clause, shall be equal to the market value per acre (taking into account the determination under subparagraph (B)(iii) regarding a valid discovery on the adjoining land) as determined by the Secretary under regulations issued under this paragraph; `(II) shall be determined by the Secretary with respect to a lease under this paragraph, by not later than the end of the 180-day period beginning on the date the Secretary receives an application for the lease; and `(III) shall be not less than the greater of-- `(aa) 4 times the median amount paid per acre for all land leased under this Act during the preceding year; or `(bb) $50. `(ii) INDUSTRY STANDARDS- The term `industry standards' means the standards by which a qualified geothermal professional assesses whether downhole or flowing temperature measurements with indications of permeability are sufficient to produce energy from geothermal resources, as determined through flow or injection testing or measurement of lost circulation while drilling. `(iii) QUALIFIED FEDERAL LAND- The term `qualified Federal land' means land that is otherwise available for leasing under this Act. `(iv) QUALIFIED GEOTHERMAL PROFESSIONAL- The term `qualified geothermal professional' means an individual who is an engineer or geoscientist in good professional standing with at least 5 years of experience in geothermal exploration, development, or project assessment. `(v) QUALIFIED LESSEE- The term `qualified lessee' means a person that may hold a geothermal lease under this Act (including applicable regulations). `(vi) VALID DISCOVERY- The term `valid discovery' means a discovery of a geothermal resource by a new or existing slim hole or production well, that exhibits downhole or flowing temperature measurements with indications of permeability that are sufficient to meet industry standards. `(B) AUTHORITY- An area of qualified Federal land that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources may be available for a noncompetitive lease under this section to the qualified lessee at the fair market value per acre, if-- `(i) the area of qualified Federal land-- `(I) consists of not less than 1 acre and not more than 640 acres; and `(II) is not already leased under this Act or nominated to be leased under subsection (a); `(ii) the qualified lessee has not previously received a noncompetitive lease under this paragraph in connection with the valid discovery for which data has been submitted under clause (iii)(I); and `(iii) sufficient geological and other technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable Federal land management agency that would lead individuals who are experienced in the subject matter to believe that-- `(I) there is a valid discovery of geothermal resources on the land for which the qualified lessee holds the legal right to develop geothermal resources; and `(II) that thermal feature extends into the adjoining areas. `(C) DETERMINATION OF FAIR MARKET VALUE- `(i) IN GENERAL- The Secretary shall-- `(I) publish a notice of any request to lease land under this paragraph; `(II) determine fair market value for purposes of this paragraph in accordance with procedures for making those determinations that are established by regulations issued by the Secretary; `(III) provide to a qualified lessee and publish, with an opportunity for public comment for a period of 30 days, any proposed determination under this subparagraph of the fair market value of an area that the qualified lessee seeks to lease under this paragraph; and `(IV) provide to the qualified lessee and any adversely affected party the opportunity to appeal the final determination of fair market value in an administrative proceeding before the applicable Federal land management agency, in accordance with applicable law (including regulations). `(ii) LIMITATION ON NOMINATION- After publication of a notice of request to lease land under this paragraph, the Secretary may not accept under subsection (a) any nomination of the land for leasing unless the request has been denied or withdrawn. `(iii) ANNUAL RENTAL- For purposes of section 5(a)(3), a lease awarded under this paragraph shall be considered a lease awarded in a competitive lease sale. `(D) REGULATIONS- Not later than 270 days after the date of enactment of the Geothermal Production Expansion Act of 2013, the Secretary shall issue regulations to carry out this paragraph.'.
S.362 Feb-14-13
STATUS: 02/14/2013: Introduced. S.362 Geothermal Exploration and Technology Act of 2013 (Introduced in Senate - IS) S 362 IS 113th CONGRESS 1st Session S. 362 To promote the mapping and development of United States geothermal resources by establishing a direct loan program for high risk geothermal exploration wells, to amend the Energy Independence and Security Act of 2007 to improve geothermal energy technology and demonstrate the use of geothermal energy in large scale thermal applications, and for other purposes. IN THE SENATE OF THE UNITED STATES February 14, 2013 Mr. TESTER (for himself and Mr. BEGICH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To promote the mapping and development of United States geothermal resources by establishing a direct loan program for high risk geothermal exploration wells, to amend the Energy Independence and Security Act of 2007 to improve geothermal energy technology and demonstrate the use of geothermal energy in large scale thermal applications, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Geothermal Exploration and Technology Act of 2013'. SEC. 2. GEOTHERMAL EXPLORATORY DRILLING LOAN PROGRAM. (a) Definitions- In this section: (1) FUND- The term `Fund' means the Geothermal Investment Fund established under subsection (h). (2) PROGRAM- The term `program' means the direct loan program for high risk geothermal exploration wells established under this section. (3) SECRETARY- The term `Secretary' means the Secretary of Energy. (b) Establishment- The Secretary shall establish a direct loan program for high risk geothermal exploration wells. (c) Applications- An applicant that seeks to receive a loan under the program may submit to the Secretary an application for the loan at such time, in such form, and containing such information as the Secretary may prescribe. (d) Project Criteria- (1) IN GENERAL- In selecting applicants for loans under this section to carry out projects under the program, the Secretary shall consider-- (A) the potential for unproven geothermal resources that would be explored and developed under a project; (B) the expertise and experience of an applicant in developing geothermal resources; and (C) the importance of the project in meeting the goals of the Department of Energy. (2) PREFERENCE- In selecting applicants for loans under this section to carry out projects under the program, the Secretary shall provide a preference for projects likely to lead to successful new geothermal development leading to electricity production. (e) Data Sharing- Data from all exploratory wells that are carried out under the program shall be provided to the Secretary and the Secretary of the Interior for use in mapping national geothermal resources and other uses, including-- (1) subsurface geologic data; (2) metadata; (3) borehole temperature data; and (4) inclusion in the National Geothermal Data System of the Department of Energy. (f) Administration- (1) COST SHARE- (A) IN GENERAL- The Secretary shall determine the cost share for a loan made under this section. (B) HIGHER RISKS- The Secretary may base the cost share percentage for loans made under this section on a sliding scale, with higher Federal shares awarded to projects with higher risks. (2) NUMBER OF WELLS- The Secretary shall determine the number of wells for each selected geothermal project for which a loan may be made under this section. (3) UNPRODUCTIVE PROJECTS- The Secretary may grant further delays or dispense with the repayment obligation on a demonstration that a selected geothermal project is unproductive. (g) Loan Repayment- (1) COMMENCEMENT- The recipient of a loan made under this section for a geothermal facility shall commence repayment of the loan beginning on the earlier of-- (A) the date that is 4 years after the date the loan is made; or (B) the date on which the geothermal facility enters into commercial production. (2) TERM- (A) IN GENERAL- Except as provided in subparagraph (B), the term of a loan made under this section shall be 4 years beginning on the applicable loan repayment commencement date under paragraph (1). (B) EXTENSION- The Secretary may extend the term of a loan under this section for not more than 4 years. (3) USE OF LOAN REPAYMENTS- Amounts repaid on loans made under this section shall be deposited in the Fund. (h) Geothermal Investment Fund- (1) ESTABLISHMENT OF FUND- There is established in the Treasury of the United States a fund to be known as the `Geothermal Investment Fund', to be administered by the Secretary, to be available without fiscal year limitation and not subject to appropriation, to carry out this section. (2) TRANSFERS TO FUND- The Fund shall consist of-- (A) such amounts as are appropriated to the Fund under subsection (j); and (B) amounts repaid on loans under subsection (g)(3). (3) PROHIBITION- Amounts in the Fund may not be made available for any purpose other than a purpose described in paragraph (1). (4) ANNUAL REPORTS- (A) IN GENERAL- Not later than 60 days after the end of each fiscal year beginning with fiscal year 2013, the Secretary of Energy shall submit to the the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the operation of the Fund during the fiscal year. (B) CONTENTS- Each report shall include, for the fiscal year covered by the report, the following: (i) A statement of the amounts deposited into the Fund. (ii) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. (iii) Recommendations for additional authorities to fulfill the purpose of the Fund. (iv) A statement of the balance remaining in the Fund at the end of the fiscal year. (i) Guidelines- (1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary shall issue guidelines for the implementation of the program. (2) ADMINISTRATION- The guidelines shall-- (A) specify-- (i) the terms and conditions that would require a higher or lower level of cost sharing under this section; (ii) the conditions under which the Secretary will allow loan modifications or forgiveness in cases in which a well cannot be used for production or injection; and (iii) the information necessary to provide a loan applicant with certainty about application of subsection (f), including the level of cost and risk that the applicant and the Secretary will assume; and (B) require that-- (i) loans be provided under this section only after the developer has committed the share of the developer for expenditures for drilling costs; and (ii) loans for successful wells shall be repaid by the developer within a 10-year period. (j) Authorization of Appropriations- There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2013 through 2022. SEC. 3. LARGE-SCALE GEOTHERMAL ENERGY. Title VI of the Energy Independence and Security Act of 2007 is amended by inserting after section 616 (42 U.S.C. 17195) the following: `SEC. 616A. LARGE-SCALE GEOTHERMAL ENERGY. `(a) Findings- Congress finds that-- `(1) the Geothermal Technologies Program of the Office of Energy Efficiency and Renewable Energy of the Department has included a focus on direct use of geothermal energy in the low-temperature geothermal energy subprogram (including in the development of a research and development plan for the program); `(2) the Building Technologies Program of the Office of Energy Efficiency and Renewable Energy of the Department-- `(A) is focused on the energy demand and energy efficiency of buildings; and `(B) includes geothermal heat pumps as a component technology in the residential and commercial deployment activities of the program; and `(3) geothermal heat pumps and direct use of geothermal energy, especially in large-scale applications, can make a significant contribution to the use of renewable energy but are underrepresented in research, development, demonstration, and commercialization. `(b) Purposes- The purposes of this section are-- `(1) to improve the components, processes, and systems used for geothermal heat pumps and the direct use of geothermal energy; and `(2) to increase the energy efficiency, lower the cost, increase the use, and improve and demonstrate the applicability of geothermal heat pumps to, and the direct use of geothermal energy in, large buildings, commercial districts, residential communities, and large municipal, agricultural, or industrial projects. `(c) Definitions- In this section: `(1) DIRECT USE OF GEOTHERMAL ENERGY- The term `direct use of geothermal energy' means systems that use water that is at a temperature between approximately 38 degrees Celsius and 149 degrees Celsius directly or through a heat exchanger to provide-- `(A) heating to buildings; or `(B) heat required for industrial processes, agriculture, aquaculture, and other facilities. `(2) GEOTHERMAL HEAT PUMP- The term `geothermal heat pump' means a system that provides heating and cooling by exchanging heat from shallow ground or surface water using-- `(A) a closed loop system, which transfers heat by way of buried or immersed pipes that contain a mix of water and antifreeze; or `(B) an open loop system, which circulates ground or surface water directly into the building and returns the water to the same aquifer or surface water source. `(3) LARGE-SCALE APPLICATION- The term `large-scale application' means an application for space or process heating or cooling for large entities with a name-plate capacity, expected resource, or rating of 10 or more megawatts, such as a large building, commercial district, residential community, or a large municipal, agricultural, or industrial project. `(4) SECRETARY- The term `Secretary' means Secretary of Energy, acting through the Assistant Secretary for Energy Efficiency and Renewable Energy. `(d) Program- `(1) IN GENERAL- The Secretary shall establish a program of research, development, demonstration, and commercial application for geothermal heat pumps and the direct use of geothermal energy. `(2) AREAS- The program may include research, development, demonstration, and commercial application of-- `(A) geothermal ground loop efficiency improvements through more efficient heat transfer fluids; `(B) geothermal ground loop efficiency improvements through more efficient thermal grouts for wells and trenches; `(C) geothermal ground loop installation cost reduction through-- `(i) improved drilling methods; `(ii) improvements in drilling equipment; `(iii) improvements in design methodology and energy analysis procedures; and `(iv) improved methods for determination of ground thermal properties and ground temperatures; `(D) installing geothermal ground loops near the foundation walls of new construction to take advantage of existing structures; `(E) using gray or black wastewater as a method of heat exchange; `(F) improving geothermal heat pump system economics through integration of geothermal systems with other building systems, including providing hot and cold water and rejecting or circulating industrial process heat through refrigeration heat rejection and waste heat recovery; `(G) advanced geothermal systems using variable pumping rates to increase efficiency; `(H) geothermal heat pump efficiency improvements; `(I) use of hot water found in mines and mine shafts and other surface waters as the heat exchange medium; `(J) heating of districts, neighborhoods, communities, large commercial or public buildings (including office, retail, educational, government, and institutional buildings and multifamily residential buildings and campuses), and industrial and manufacturing facilities; `(K) geothermal system integration with solar thermal water heating or cool roofs and solar-regenerated desiccants to balance loads and use building hot water to store geothermal energy; `(L) use of hot water coproduced from oil and gas recovery; `(M) use of water sources at a temperature of less than 150 degrees Celsius for direct use; `(N) system integration of direct use with geothermal electricity production; and `(O) coproduction of heat and power, including on-site use. `(3) ENVIRONMENTAL IMPACTS- In carrying out the program, the Secretary shall identify and mitigate potential environmental impacts in accordance with section 614(c). `(e) Grants- `(1) IN GENERAL- The Secretary shall make grants available to State and local governments, institutions of higher education, nonprofit entities, utilities, and for-profit companies (including manufacturers of heat-pump and direct-use components and systems) to promote the development of geothermal heat pumps and the direct use of geothermal energy. `(2) PRIORITY- In making grants under this subsection, the Secretary shall give priority to proposals that apply to large buildings (including office, retail, educational, government, institutional, and multifamily residential buildings and campuses and industrial and manufacturing facilities), commercial districts, and residential communities. `(3) NATIONAL SOLICITATION- Not later than 180 days after the date of enactment of this section, the Secretary shall conduct a national solicitation for applications for grants under this section. `(f) Reports- `(1) IN GENERAL- Not later than 2 years after the date of enactment of this section and annually thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science and Technology of the House of Representatives a report on progress made and results obtained under this section to develop geothermal heat pumps and direct use of geothermal energy. `(2) AREAS- Each of the reports required under this subsection shall include-- `(A) an analysis of progress made in each of the areas described in subsection (d)(2); and `(B)(i) a description of any relevant recommendations made during a review of the program; and `(ii) any plans to address the recommendations under clause (i). `(g) Authorization of Appropriations- There are authorized to be appropriated to the Secretary to carry out this section such sums as are necessary for each of fiscal years 2013 through 2017.'. SEC. 4. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON OIL AND GAS LEASES. Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amended by adding at the end the following: `(4) LAND SUBJECT TO OIL AND GAS LEASE- Land under an oil and gas lease issued pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) that is subject to an approved application for permit to drill and from which oil and gas production is occurring may be available for leasing under subsection (c) by the holder of the oil and gas lease-- `(A) on a determination that-- `(i) geothermal energy will be produced from a well producing or capable of producing oil and gas; and `(ii) the public interest will be served by the issuance of such a lease; and `(B) in order to provide for the coproduction of geothermal energy with oil and gas.'.
S.360 Feb-14-13
STATUS: February 14, 2013.--Introduced. April 25, 2013.--Hearing by Subcommittee on Public Lands, Forests, and Mining. May 16, 2013.--Mr. Tester added as cosponsor. June 4, 2013.--Mr. Baucus added as cosponsor. June 18, 2013.--Full committee markup; Ordered to be reported with amendments favorably. June 19, 2013.--Ms. Mikulski added as cosponsor. September 10, 2013.--Reported to the Senate with amendments. S. Rept. 113-101. September 10, 2013.--Placed on Senate Legislative Calendar under General Orders. [Calendar No. 179]. May 20, 2014.--Added Mr. Walsh as co-sponsor. S.360 Public Lands Service Corps Act of 2013 (Introduced in Senate - IS) S 360 IS 113th CONGRESS 1st Session S. 360 To amend the Public Lands Corps Act of 1993 to expand the authorization of the Secretaries of Agriculture, Commerce, and the Interior to provide service opportunities for young Americans; help restore the nation's natural, cultural, historic, archaeological, recreational and scenic resources; train a new generation of public land managers and enthusiasts; and promote the value of public service. IN THE SENATE OF THE UNITED STATES February 14, 2013 Mr. UDALL of New Mexico (for himself, Mr. HEINRICH, Mr. BEGICH, Mrs. BOXER, and Mr. COONS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Public Lands Corps Act of 1993 to expand the authorization of the Secretaries of Agriculture, Commerce, and the Interior to provide service opportunities for young Americans; help restore the nation's natural, cultural, historic, archaeological, recreational and scenic resources; train a new generation of public land managers and enthusiasts; and promote the value of public service. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Public Lands Service Corps Act of 2013'. SEC. 2. AMENDMENT TO SHORT TITLE. Section 201 of the Public Lands Corps Act of 1993 (16 U.S.C. 1701 note; 107 Stat. 848) is amended to read as follows: `SEC. 201. SHORT TITLE; REFERENCES. `(a) Short Title- This title may be cited as the `Public Lands Service Corps Act of 1993'. `(b) References- Any reference contained in any law, regulation, document, paper, or other record of the United States to the `Public Lands Corps Act of 1993' shall be considered to be a reference to the `Public Lands Service Corps Act of 1993'.'. SEC. 3. REFERENCE. A reference in this Act to `the Act' is a reference to the Public Lands Service Corps Act of 1993 (16 U.S.C. 1721 et seq.; title II of Public Law 91-378). SEC. 4. AMENDMENTS TO THE PUBLIC LANDS SERVICE CORPS ACT OF 1993. (a) Name and Project Description Changes- The Act is amended-- (1) in the title heading, by striking ` PUBLIC LANDS CORPS ' and inserting ` PUBLIC LANDS SERVICE CORPS '; (2) in section 204 (16 U.S.C. 1723), in the heading, by striking `public lands corps' and inserting `public lands service corps'; (3) in section 210(a)(2) (16 U.S.C. 1729(a)(2)), in the heading, by striking `PUBLIC LANDS'; (4) by striking `Public Lands Corps' each place it appears and inserting `Corps'; (5) by striking `conservation center' each place it appears and inserting `residential conservation center'; (6) by striking `conservation centers' each place it appears and inserting `residential conservation centers'; (7) by striking `appropriate conservation project' each place it appears and inserting `appropriate natural and cultural resources conservation project'; and (8) by striking `appropriate conservation projects' each place it appears and inserting `appropriate natural and cultural resources conservation projects'. (b) Findings- Section 202(a) (16 U.S.C. 1721(a)) of the Act, as amended by subsection (a), is amended-- (1) in paragraph (1)-- (A) by striking `Corps can benefit' and inserting `conservation corps can benefit'; and (B) by striking `the natural and cultural' and inserting `natural and cultural'; (2) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (3) by inserting after paragraph (1) the following: `(2) Participants in conservation corps receive meaningful education and training, and their experience with conservation corps provides preparation for careers in public service. `(3) Young men and women who participate in the rehabilitation and restoration of the natural, cultural, historic, archaeological, recreational, and scenic treasures of the United States will gain an increased appreciation and understanding of the public lands and heritage of the United States, and of the value of public service, and are likely to become life-long advocates for those values.'; (4) in paragraph (4) (as redesignated by paragraph (2)), by inserting `, cultural, historic, archaeological, recreational, and scenic' after `Many facilities and natural'; and (5) by adding at the end the following: `(6) The work of conservation corps can benefit communities adjacent to public lands and facilities through renewed civic engagement and participation by corps participants and those they serve, improved student achievement, and restoration and rehabilitation of public assets.'. (c) Purpose- Section 202(b) (16 U.S.C. 1721(b)) of the Act is amended to read as follows: `(b) Purposes- The purposes of this Act are-- `(1) to introduce young men and women to public service while furthering their understanding and appreciation of the natural, cultural, historic, archaeological, recreational, and scenic resources of the United States; `(2) to facilitate training and recruitment opportunities in which service is credited as qualifying experience for careers in the management of such resources; `(3) to instill in a new generation of young men and women from across the United States, including young men and women from diverse backgrounds, the desire to seek careers in resource stewardship and public service by allowing them to work directly with professionals in agencies responsible for the management of the natural, cultural, historic, archaeological, recreational, and scenic resources of the United States; `(4) to perform, in a cost-effective manner, appropriate natural and cultural resources conservation projects where such projects are not being performed by existing employees; `(5) to assist State and local governments and Indian tribes in performing research and public education tasks associated with the conservation of natural, cultural, historic, archaeological, recreational, and scenic resources; `(6) to expand educational opportunities on public lands and by rewarding individuals who participate in conservation corps with an increased ability to pursue higher education and job training; `(7) to promote public understanding and appreciation of the missions and the natural and cultural resources conservation work of the participating Federal agencies through training opportunities, community service and outreach, and other appropriate means; and `(8) to create a grant program for Indian tribes to establish the Indian Youth Service Corps so that Indian youth can benefit from carrying out projects on Indian lands that the Indian tribes and communities determine to be priorities.'. (d) Definitions- Section 203 (16 U.S.C. 1722) of the Act is amended-- (1) by redesignating paragraphs (3) through (7), (8) through (10), and (11) through (13) as paragraphs (5) through (9), (11) through (13), and (15) through (17), respectively; (2) by striking paragraphs (1) and (2) and inserting the following: `(1) APPROPRIATE NATURAL AND CULTURAL RESOURCES CONSERVATION PROJECT- The term `appropriate natural and cultural resources conservation project' means any project for the conservation, restoration, construction, or rehabilitation of natural, cultural, historic, archaeological, recreational, or scenic resources. `(2) CONSULTING INTERN- The term `consulting intern' means a consulting intern selected under section 206(a)(2). `(3) CORPS AND PUBLIC LANDS SERVICE CORPS- The terms `Corps' and `Public Lands Service Corps' mean the Public Lands Service Corps established under section 204(a). `(4) CORPS PARTICIPANT- The term `Corps participant' means an individual enrolled-- `(A) in the Corps or the Indian Youth Service Corps; or `(B) as a resource assistant or consulting intern.'; (3) by inserting after paragraph (9) (as redesignated by paragraph (1)) the following: `(10) INDIAN YOUTH SERVICE CORPS- The term `Indian Youth Service Corps' means a qualified youth or conservation corps established under section 207 that-- `(A) enrolls individuals between the ages of 15 and 25, inclusive, a majority of whom are Indians; and `(B) is established pursuant to a tribal resolution that describes the agreement between the Indian tribe and the qualified youth or conservation corps to operate an Indian Youth Service Corps program for the benefit of the members of the Indian tribe.'; (4) by amending paragraph (12) (as redesignated by paragraph (1)) to read as follows: `(12) PUBLIC LANDS- The term `public lands' means any land or water (or interest therein) owned or administered by the United States, including those areas of coastal and ocean waters, the Great Lakes and their connecting waters, and submerged lands over which the United States exercises jurisdiction, except that such term does not include Indian lands.'; (5) by amending paragraph (13) (as redesignated by paragraph (1)) as follows: (A) in subparagraph (A)-- (i) by striking `full-time,'; (ii) by inserting `on eligible service lands' after `resource setting'; and (iii) by striking `16' and inserting `15'; (B) in subparagraph (B), by striking `and' at the end; (C) in subparagraph (C), by striking the period at the end and inserting `; and'; and (D) by adding at the end the following: `(D) makes available for audit for each fiscal year for which the qualified youth or conservation corps receives Federal funds under this Act, all information pertaining to the expenditure of the funds, any matching funds, and participant demographics.'; (6) by inserting after paragraph 13 (as redesignated by paragraph (1)) the following: `(14) RESIDENTIAL CONSERVATION CENTERS- The term `residential conservation centers' means the facilities authorized under section 205.'; (7) in paragraph (15) (as redesignated by paragraph (1)), by striking `206' and inserting `206(a)(1)'; and (8) in paragraph (16) (as redesignated by paragraph (1))-- (A) in subparagraph (A), by striking `and' at the end; (B) in subparagraph (B), by striking the period at the end and inserting `; and'; and (C) by adding at the end the following: `(C) with respect to the National Marine Sanctuary System, coral reefs, and other coastal, estuarine, and marine habitats, and other lands and facilities administered by the National Oceanic and Atmospheric Administration, the Secretary of Commerce.'. (e) Public Lands Service Corps Program- Section 204 of the Act (16 U.S.C. 1723), as amended by subsection (a), is amended-- (1) by redesignating subsections (b) and (c) and subsections (d) through (f) as subsections (c) and (d) and subsections (f) through (h), respectively; (2) by striking subsection (a) and inserting the following: `(a) Establishment of Public Lands Service Corps- There is established in the Department of the Interior, the Department of Agriculture, and the Department of Commerce a Public Lands Service Corps. `(b) Establishment of Corps Office; Coordinators; Liaison- `(1) ESTABLISHMENT OF OFFICES- `(A) DEPARTMENT OF THE INTERIOR- The Secretary of the Interior shall establish a department-level office to coordinate the Corps activities within the Department of the Interior. `(B) DEPARTMENT OF AGRICULTURE- The Secretary of Agriculture shall establish within the Forest Service an office to coordinate the Corps activities within that agency. `(C) DEPARTMENT OF COMMERCE- The Secretary of Commerce shall establish within the National Oceanic and Atmospheric Administration an office to coordinate the Corps activities within that agency. `(2) ESTABLISHMENT OF COORDINATORS- The Secretary shall designate a Public Lands Service Corps coordinator for each agency under the jurisdiction of the Secretary that administers Corps activities. `(3) ESTABLISHMENT OF LIAISON- The Secretary of the Interior shall establish an Indian Youth Service Corps liaison that will-- `(A) provide outreach to Indian tribes about opportunities for establishing Corps and Indian Youth Service Corps programs; and `(B) coordinate with the Tribal Liaison of the Corporation for National Service to identify and establish Corps and Indian Youth Service Corps opportunities for Indian youth.'; (3) by amending subsection (c) (as redesignated by paragraph (1)) to read as follows: `(c) Participants- `(1) IN GENERAL- The Secretary may enroll in the Corps individuals who are-- `(A) hired by an agency under the jurisdiction of the Secretary to perform work authorized under this Act; or `(B) members of a qualified youth or conservation corps with which the Secretary has entered into a cooperative agreement to perform work authorized under this Act. `(2) RESOURCE ASSISTANTS AND CONSULTING INTERNS- The Secretary may also enroll in the Corps resource assistants and consulting interns in accordance with section 206(a). `(3) ELIGIBILITY REQUIREMENTS- To be eligible for enrollment as a Corps participant, an individual shall-- `(A) be between the ages of 15 and 25, inclusive; and `(B) satisfy the requirements of section 137(a)(5) of the National and Community Service Act of 1990 (42 U.S.C. 12591(a)(5)). `(4) TERMS- Each Corps participant may be enrolled in the Corps for a term of up to 2 years of service, which may be served over a period that exceeds 2 calendar years. `(5) CIVIL SERVICE- An individual may be enrolled as a Corps participant without regard to the civil service and classification laws, rules, or regulations of the United States. `(6) PREFERENCE- The Secretary may establish a preference for the enrollment as Corps participants individuals who are economically, physically, or educationally disadvantaged.'; (4) in subsection (d) (as redesignated by paragraph (1))-- (A) in paragraph (1)-- (i) by striking `contracts and'; and (ii) by striking `subsection (d)' and inserting `subsection (f)'; (B) by striking paragraph (2); and (C) by inserting after paragraph (1) the following: `(2) RECRUITMENT- The Secretary shall carry out, or enter into cooperative agreements to provide, a program to attract eligible youth to the Corps by publicizing Corps opportunities through high schools, colleges, employment centers, electronic media, and other appropriate institutions and means. `(3) PREFERENCE- In entering into cooperative agreements under paragraph (1) or awarding competitive grants to Indian tribes or tribally authorized organizations under section 207, the Secretary may give preference to qualified youth or conservation corps that are located in specific areas where a substantial portion of members are economically, physically, or educationally disadvantaged.'; (5) by inserting after subsection (d) (as redesignated by paragraph (1)) the following: `(e) Training- `(1) IN GENERAL- The Secretary shall establish a training program based at appropriate residential conservation centers or at other suitable regional Federal or other appropriate facilities or sites to provide training for Corps participants. `(2) REQUIREMENTS- In establishing a training program under paragraph (1), the Secretary shall-- `(A) ensure that the duration and comprehensiveness of the training program shall be commensurate with the projects Corps participants are expected to undertake; `(B) develop department-wide standards for the program that include training in-- `(i) resource stewardship; `(ii) health and safety; `(iii) ethics for individuals in public service; `(iv) teamwork and leadership; and `(v) interpersonal communications; `(C) direct the participating agencies within the Department of the Interior, the Forest Service in the case of the Department of Agriculture, and the National Oceanic and Atmospheric Administration in the case of the Department of Commerce, to develop agency-specific training guidelines to ensure that Corps participants are appropriately informed about matters specific to that agency, including-- `(i) the history and organization of the agency; `(ii) the mission of the agency; and `(iii) any agency-specific standards for the management of natural, cultural, historic, archaeological, recreational, and scenic resources; and `(D) take into account training already received by Corps participants enrolled from qualified youth or conservation corps.'; (6) in subsection (f) (as redesignated by paragraph (1))-- (A) in paragraph (1)-- (i) in the heading, by striking `IN GENERAL- ' and inserting `USE OF CORPS; PROJECTS- '; (ii) by striking `The Secretary may utilize the Corps or any qualified youth or conservation corps to carry out' and inserting the following: `(A) IN GENERAL- The Secretary may use the Corps to carry out, with appropriate supervision and training,'; (iii) by striking `on public lands' and inserting on `on eligible service lands'; and (iv) by adding at the end the following: `(B) PROJECTS- Appropriate natural and cultural resources conservation projects carried out under this section may include-- `(i) protecting, restoring, or enhancing ecosystem components to promote species recovery, improve biological diversity, enhance productivity and carbon sequestration, and enhance adaptability and resilience of eligible service lands and resources to climate change and other natural and human disturbances; `(ii) promoting the health of eligible service lands, including-- `(I) protecting and restoring watersheds and forest, grassland, riparian, estuarine, marine, or other habitat; `(II) reducing the risk of uncharacteristically severe wildfire and mitigating damage from insects, disease, and disasters; `(III) controlling erosion; `(IV) controlling and removing invasive, noxious, or nonnative species; and `(V) restoring native species; `(iii) collecting biological, archaeological, and other scientific data, including climatological information, species populations and movement, habitat status, and other information; `(iv) assisting in historical and cultural research, museum curatorial work, oral history projects, documentary photography, and activities that support the creation of public works of art related to eligible service lands; and `(v) constructing, repairing, rehabilitating, and maintaining roads, trails, campgrounds and other visitor facilities, employee housing, cultural and historic sites and structures, and other facilities that further the purposes of this Act.'; (B) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (C) by inserting after paragraph (1) the following: `(2) VISITOR SERVICES- The Secretary may-- `(A) enter into or amend an existing cooperative agreement with a cooperating association, educational institution, friends group, or similar nonprofit partner organization for the purpose of providing training and work experience to Corps participants in areas such as sales, office work, accounting, and management, provided that the work experience directly relates to the conservation and management of eligible service lands; and `(B) allow Corps participants to help promote visitor safety and enjoyment of eligible service lands, and assist in the gathering of visitor use data. `(3) INTERPRETATION- The Secretary may permit Corps participants to provide interpretation or education services for the public under the direct and immediate supervision of an agency employee-- `(A) to provide orientation and information services to visitors; `(B) to assist agency employees in the delivery of interpretive or educational programs where audience size, environmental conditions, safety, or other factors make such assistance desirable; `(C) to present programs that relate the personal experience of the Corps participants for the purpose of promoting public awareness of the Corps, the role of the Corps in public land management agencies, and the availability of the Corps to potential participants; and `(D) to create nonpersonal interpretive products, such as website content, Junior Ranger program books, printed handouts, and audiovisual programs.'; (7) in subsection (g) (as redesignated by paragraph (1))-- (A) in the matter preceding the first paragraph, by striking `those projects which' and inserting `priority projects and other projects that'; and (B) by striking paragraph (2) and inserting the following: `(2) will instill in Corps participants a work ethic and a sense of public service;'; and (8) by adding at the end the following: `(i) Other Participants- The Secretary may allow volunteers from other programs administered or designated by the Secretary to participate as volunteers in projects carried out under this section. `(j) Criminal History Checks- `(1) IN GENERAL- The requirements of section 189D(b) of the National and Community Service Act of 1990 (42 U.S.C. 12645g(b)) shall apply to each individual age 18 or older seeking-- `(A) to become a Corps participant; `(B) to receive funds authorized under this Act; or `(C) to supervise or otherwise have regular contact with Corps participants in activities authorized under this Act. `(2) ELIGIBILITY PROHIBITION- If any of paragraphs (1) through (4) of section 189D(c) of the National and Community Service Act of 1990 (42 U.S.C. 12645g(c)(1)-(4)) apply to an individual described in paragraph (1), that individual shall not be eligible for the position or activity described in paragraph (1), unless the Secretary provides an exemption for good cause.'. (f) Residential Conservation Centers and Program Support- Section 205 (16 U.S.C. 1724) of the Act is amended-- (1) in the section heading, by striking `conservation' and inserting `residential conservation'; (2) in subsection (a)-- (A) by amending paragraph (1) to read as follows: `(1) IN GENERAL- The Secretary may establish residential conservation centers for-- `(A) such housing, food service, medical care, transportation, and other services as the Secretary deems necessary for Corps participants; and `(B) the conduct of appropriate natural and cultural resources conservation projects under this Act.'; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (D) in paragraph (2) (as redesignated by subparagraph (C)), in the heading, by striking `FOR CONSERVATION CENTERS'; and (E) in paragraph (3) (as redesignated by subparagraph (C)), by striking `a State or local government agency' and inserting `another Federal agency, State, local government,'; (3) in subsection (b)-- (A) by striking `The Secretary' and inserting the following: `(1) IN GENERAL- The Secretary'; and (B) by adding at the end the following: `(2) TEMPORARY HOUSING- The Secretary may make arrangements with another Federal agency, State, local government, or private organization to provide temporary housing for Corps participants as needed and available. `(3) TRANSPORTATION- In project areas where Corps participants can reasonably be expected to reside at their own homes, the Secretary may fund or provide transportation to and from project sites.'; (4) by redesignating subsection (d) as subsection (f); (5) by inserting after subsection (c) the following: `(d) Facilities- The Secretary may, as an appropriate natural and cultural resources conservation project, direct Corps participants to aid in the construction or rehabilitation of residential conservation center facilities, including housing. `(e) Mentors- The Secretary may recruit from programs, such as Federal volunteer and encore service programs, and from veterans groups, military retirees, and active duty personnel, such adults as may be suitable and qualified to provide training, mentoring, and crew-leading services to Corps participants.'; and (6) in subsection (f) (as redesignated by paragraph (4)), by striking `that are appropriate' and all that follows through the period and inserting `that the Secretary determines to be necessary for a residential conservation center.'. (g) Resource Assistants and Consulting Interns- Section 206 of the Act (16 U.S.C. 1725) is amended-- (1) in the section heading, by inserting `and consulting interns' before the period; (2) by striking subsections (a) and (b) and inserting the following: `(a) Authorization- `(1) RESOURCE ASSISTANTS- `(A) IN GENERAL- The Secretary may provide individual placements of resource assistants with any agency under the jurisdiction of the Secretary that carries out appropriate natural and cultural resources conservation projects to carry out research or resource protection activities on behalf of the agency. `(B) ELIGIBILITY- To be eligible for selection as a resource assistant, an individual shall be at least 17 years of age. `(C) PREFERENCE- In selecting resource assistants for placement under this paragraph, the Secretary shall give a preference to individuals who are enrolled in an institution of higher education or are recent graduates from an institution of higher education, with particular attention given to ensuring full representation of women and participants from Historically Black Colleges and Universities, Hispanic-serving institutions, and Tribal Colleges and Universities. `(2) CONSULTING INTERNS- `(A) IN GENERAL- The Secretary may provide individual placements of consulting interns with any agency under the jurisdiction of the Secretary that carries out appropriate natural and cultural resources conservation projects to carry out management analysis activities on behalf of the agency. `(B) ELIGIBILITY- To be eligible for selection as a consulting intern, an individual shall be enrolled in, and have completed at least 1 full year at, a graduate or professional school that has been accredited by an accrediting body recognized by the Secretary of Education. `(b) Use of Existing Nonprofit Organizations- `(1) IN GENERAL- Whenever 1 or more nonprofit organizations can provide appropriate recruitment and placement services to fulfill the requirements of this section, the Secretary may implement this section through such organizations. `(2) EXPENSES- Participating organizations shall contribute to the expenses of providing and supporting the resource assistants or consulting interns from sources of funding other than the Secretary, at a level of not less than 25 percent of the total costs (15 percent of which may be from in-kind sources) of each participant in the resource assistant or consulting intern program who has been recruited and placed through that organization. `(3) REPORTING- Each participating organization shall be required to submit an annual report evaluating the scope, size, and quality of the program, including the value of work contributed by the resource assistants and consulting interns, to the mission of the agency.'. (h) Technical Amendment- The Act is amended by redesignating sections 207 through 211 (16 U.S.C. 1726 through 1730) as sections 209 through 213, respectively. (i) Indian Youth Service Corps- The Act is amended by inserting after section 206 (16 U.S.C. 1725) the following: `SEC. 207. INDIAN YOUTH SERVICE CORPS. `(a) Authorization of Cooperative Agreements and Competitive Grants- The Secretary is authorized to enter into cooperative agreements with, or make competitive grants to, Indian tribes and qualified youth or conservation corps for the establishment and administration of Indian Youth Service Corps programs to carry out appropriate natural and cultural resources conservation projects on Indian lands. `(b) Application- To be eligible to receive assistance under this section, an Indian tribe or a qualified youth or conservation corps shall submit to the Secretary an application in such manner and containing such information as the Secretary may require, including-- `(1) a description of the methods by which Indian youth will be recruited for and retained in the Indian Youth Service Corps; `(2) a description of the projects to be carried out by the Indian Youth Service Corps; `(3) a description of how the projects were identified; and `(4) an explanation of the impact of, and the direct community benefits provided by, the proposed projects.'. (j) Guidance- The Act is amended by inserting after section 207 (as amended by subsection (i)) the following: `SEC. 208. GUIDANCE. `Not later than 18 months after funds are made available to the Secretary to carry out this Act, the Secretary shall issue guidelines for the management of programs under the jurisdiction of the Secretary that are authorized under this Act.'. (k) Living Allowances and Terms of Service- Section 209 of the Act (16 U.S.C. 1726) (as redesignated by subsection (h)) is amended by striking subsections (a), (b), and (c) and inserting the following: `(a) Living Allowances- `(1) IN GENERAL- The Secretary shall provide each Corps participant with a living allowance in an amount established by the Secretary. `(2) TRAVEL COSTS- The Secretary may reimburse Corps participants for travel costs at the beginning and end of the term of service of the Corps participants. `(b) Terms of Service- `(1) IN GENERAL- Each Corps participant shall agree to participate for such term of service as may be established by the Secretary. `(2) CONSULTATIONS- With respect to the Indian Youth Service Corps, the term of service shall be established in consultation with the affected Indian tribe or tribally authorized organization. `(c) Hiring Preference and Future Employment- The Secretary may-- `(1) grant to a Corps participant credit for time served as a Corps participant, which may be used toward future Federal hiring; `(2) provide to a former participant of the Corps or the Indian Youth Service Corps noncompetitive hiring status for a period of not more than 2 years after the date on which the service of the candidate in the Corps or the Indian Youth Service Corps was complete, if the candidate-- `(A) has served a minimum of 960 hours on an appropriate natural or cultural resources conservation project that included at least 120 hours through the Corps or the Indian Youth Service Corps; and `(B) meets Office of Personnel Management qualification standards for the position for which the candidate is applying; `(3) provide to a former resource assistant or consulting intern noncompetitive hiring status for a period of not more than 2 years after the date on which the individual has completed an undergraduate or graduate degree, respectively, from an accredited institution, if the candidate-- `(A) successfully fulfilled the resource assistant or consulting intern program requirements; and `(B) meets Office of Personnel Management qualification standards for the position for which the candidate is applying; and `(4) provide, or enter into contracts or cooperative agreements with qualified employment agencies to provide, alumni services such as job and education counseling, referrals, verification of service, communications, and other appropriate services to Corps participants who have completed the term of service.'. (l) National Service Educational Awards- Section 210 (16 U.S.C. 1727) of the Act (as redesignated by subsection (h)) is amended-- (1) in subsection (a) (as amended by subsection (a)(4)), in the first sentence-- (A) by striking `participant in the Corps or a resource assistant' and inserting `Corps participant'; and (B) by striking `participant or resource assistant' and inserting `Corps participant'; and (2) in subsection (b)-- (A) by striking `either participants in the Corps or resource assistants' and inserting `Corps participants'; and (B) by striking `or a resource assistant'. (m) Nondisplacement- Section 211 of the Act (16 U.S.C. 1728) (as redesignated by subsection (h)) is amended by striking `activities carried out' and all that follows through the period and inserting `Corps participants.'. (n) Funding- Section 212 of the Act (16 U.S.C. 1729) (as redesignated by subsection (h)) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) in the second sentence, by striking `non-federal sources' and inserting `sources other than the Secretary'; and (ii) by inserting after the second sentence the following: `The Secretary may pay up to 90 percent of the costs of a project if the Secretary determines that the reduction is necessary to enable participation from a greater range of organizations or individuals.'; and (B) in paragraph (2), by inserting `or Indian Youth Service Corps' after `Corps' each place it appears; (2) by amending subsection (b) to read as follows: `(b) Funds Available Under National and Community Service Act- To carry out this Act, the Secretary shall be eligible to apply for and receive assistance under section 121(b) of the National and Community Service Act (42 U.S.C. 12571(b)).'; and (3) in subsection (c)-- (A) by striking `section 211' and inserting `section 213'; and (B) by inserting `or Indian Youth Service Corps' after `Corps'. (o) Authorization of Appropriations- Section 213 of the Act (16 U.S.C. 1730) (as redesignated by subsection (h)) is amended-- (1) in subsection (a), by striking `year' and all that follows through the period and inserting `year.'; (2) by striking subsection (b); and (3) by redesignating subsection (c) as subsection (b).
H.Res.356 May-16-13
STATUS: January 23, 2013.--Introduced in House. February 1, 2013.--Referred to the Subcommittee Indian and Alaska Native Affairs. February 1, 2013.--Referred to the Subcommittee on Energy and Mineral Resources. May 14, 2013.--Reported by the Committee on Natural Resources. H. Rept. 113-57. May 14, 2013.--Placed on the Union Calendar, Calendar No. 35. May 15, 2013.--On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H2631) May 16, 2013.--Received in the Senate referred to the Committee on Energy and Natural Resources. July 9, 2014.-- Committee discharged by Unanimous Consent. July 9, 2014.--Passed Senate without amendment by Unanimous Consent. July 10, 2014.--Message on Senate action sent to House. July 15, 2014.--Presented to President. July 25, 2014.--Signed by President. July 25, 2014.--Became Public Law 113-133. H.R.356 Hill Creek Cultural Preservation and Energy Development Act (Referred in Senate - RFS) HR 356 RFS 113th CONGRESS1st Session H. R. 356IN THE SENATE OF THE UNITED STATESMay 16, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To clarify authority granted under the Act entitled `An Act to define the exterior boundary of the Uintah and Ouray Indian Reservation in the State of Utah, and for other purposes'. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Hill Creek Cultural Preservation and Energy Development Act'. SEC. 2. CLARIFICATION OF AUTHORITY. The Act entitled `An Act to define the exterior boundary of the Uintah and Ouray Indian Reservation in the State of Utah, and for other purposes', approved March 11, 1948 (62 Stat. 72), as amended by the Act entitled `An Act to amend the Act extending the exterior boundary of the Uintah and Ouray Indian Reservation in the State of Utah so as to authorize such State to exchange certain mineral lands for other lands mineral in character' approved August 9, 1955, (69 Stat. 544), is further amended by adding at the end the following: `Sec. 5. In order to further clarify authorizations under this Act, the State of Utah is hereby authorized to relinquish to the United States, for the benefit of the Ute Indian Tribe of the Uintah and Ouray Reservation, State school trust or other State-owned subsurface mineral lands located beneath the surface estate delineated in Public Law 440 (approved March 11, 1948) and south of the border between Grand County, Utah, and Uintah County, Utah, and select in lieu of such relinquished lands, on an acre-for-acre basis, any subsurface mineral lands of the United States located beneath the surface estate delineated in Public Law 440 (approved March 11, 1948) and north of the border between Grand County, Utah, and Uintah County, Utah, subject to the following conditions: `(1) RESERVATION BY UNITED STATES- The Secretary of the Interior shall reserve an overriding interest in that portion of the mineral estate comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 171 et seq.) in any mineral lands conveyed to the State. `(2) EXTENT OF OVERRIDING INTEREST- The overriding interest reserved by the United States under paragraph (1) shall consist of-- `(A) 50 percent of any bonus bid or other payment received by the State as consideration for securing any lease or authorization to develop such mineral resources; `(B) 50 percent of any rental or other payments received by the State as consideration for the lease or authorization to develop such mineral resources; `(C) a 6.25 percent overriding royalty on the gross proceeds of oil and gas production under any lease or authorization to develop such oil and gas resources; and `(D) an overriding royalty on the gross proceeds of production of such minerals other than oil and gas, equal to 50 percent of the royalty rate established by the Secretary of the Interior by regulation as of October 1, 2011. `(3) RESERVATION BY STATE OF UTAH- The State of Utah shall reserve, for the benefit of its State school trust, an overriding interest in that portion of the mineral estate comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.) in any mineral lands relinquished by the State to the United States. `(4) EXTENT OF OVERRIDING INTEREST- The overriding interest reserved by the State under paragraph (3) shall consist of-- `(A) 50 percent of any bonus bid or other payment received by the United States as consideration for securing any lease or authorization to develop such mineral resources on the relinquished lands; `(B) 50 percent of any rental or other payments received by the United States as consideration for the lease or authorization to develop such mineral resources; `(C) a 6.25 percent overriding royalty on the gross proceeds of oil and gas production under any lease or authorization to develop such oil and gas resources; and `(D) an overriding royalty on the gross proceeds of production of such minerals other than oil and gas, equal to 50 percent of the royalty rate established by the Secretary of the Interior by regulation as of October 1, 2011. `(5) NO OBLIGATION TO LEASE- Neither the United States nor the State shall be obligated to lease or otherwise develop oil and gas resources in which the other party retains an overriding interest under this section. `(6) COOPERATIVE AGREEMENTS- The Secretary of the Interior is authorized to enter into cooperative agreements with the State and the Ute Indian Tribe of the Uintah and Ouray Reservation to facilitate the relinquishment and selection of lands to be conveyed under this section, and the administration of the overriding interests reserved hereunder.'. Passed the House of Representatives May 15, 2013. Attest: KAREN L. HAAS, Clerk.
S.354 Feb-14-13
STATUS: February 14, 2013: Introduced. March 14, 2013: Full committee business meeting; ordered reported without amendment. (voice vote) April 22, 2013: Reported to the Senate without amendment. S. Rept. 113-29. April 22, 2013: Placed on Senate Legislative Calendar. [Calendar No. 60] July 9, 2014.--Passed Senate without amendment by Unanimous Consent. July 10, 2014.--Message on Senate action sent to House. July 10, 2014.--Referred to House Committee on Natural Resources. July 30, 2014.--Subcommittee hearing held. July 30, 2014.--Committee consideration and Mark-up held. July 30, 2014.--Ordered to be reported by unanimous consent. December 22, 2014.-- Reported by the Committee on Natural Resources. H. Rept. 113-713. December 22, 2014.-- Placed on the Union Calendar,[Calendar No. 544]. S.354 Oregon Caves Revitalization Act of 2013 (Introduced in Senate - IS) S 354 IS 113th CONGRESS 1st Session S. 354 To modify the boundary of the Oregon Caves National Monument, and for other purposes. IN THE SENATE OF THE UNITED STATES February 14, 2013 Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To modify the boundary of the Oregon Caves National Monument, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Oregon Caves Revitalization Act of 2013'. SEC. 2. DEFINITIONS. In this Act: (1) MAP- The term `map' means the map entitled `Oregon Caves National Monument and Preserve', numbered 150/80,023, and dated May 2010. (2) MONUMENT- The term `Monument' means the Oregon Caves National Monument established by Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909. (3) NATIONAL MONUMENT AND PRESERVE- The term `National Monument and Preserve' means the Oregon Caves National Monument and Preserve designated by section 3(a)(1). (4) NATIONAL PRESERVE- The term `National Preserve' means the National Preserve designated by section 3(a)(2). (5) SECRETARY- The term `Secretary' means the Secretary of the Interior. (6) SECRETARY CONCERNED- The term `Secretary concerned' means-- (A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to land managed by the Bureau of Land Management. (7) STATE- The term `State' means the State of Oregon. SEC. 3. DESIGNATIONS; LAND TRANSFER; BOUNDARY ADJUSTMENT. (a) Designations- (1) IN GENERAL- The Monument and the National Preserve shall be administered as a single unit of the National Park System and collectively known and designated as the `Oregon Caves National Monument and Preserve'. (2) NATIONAL PRESERVE- The approximately 4,070 acres of land identified on the map as `Proposed Addition Lands' shall be designated as a National Preserve. (b) Transfer of Administrative Jurisdiction- (1) IN GENERAL- Administrative jurisdiction over the land designated as a National Preserve under subsection (a)(2) is transferred from the Secretary of Agriculture to the Secretary, to be administered as part of the National Monument and Preserve. (2) EXCLUSION OF LAND- The boundaries of the Rogue River-Siskiyou National Forest are adjusted to exclude the land transferred under paragraph (1). (c) Boundary Adjustment- The boundary of the National Monument and Preserve is modified to exclude approximately 4 acres of land-- (1) located in the City of Cave Junction; and (2) identified on the map as the `Cave Junction Unit'. (d) Availability of Map- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (e) References- Any reference in a law, map, regulation, document, paper, or other record of the United States to the Monument shall be considered to be a reference to the `Oregon Caves National Monument and Preserve'. SEC. 4. ADMINISTRATION. (a) In General- The Secretary shall administer the National Monument and Preserve in accordance with-- (1) this Act; (2) Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909; and (3) any law (including regulations) generally applicable to units of the National Park System, including the National Park Service Organic Act (16 U.S.C. 1 et seq.). (b) Fire Management- As soon as practicable after the date of enactment of this Act, in accordance with subsection (a), the Secretary shall-- (1) revise the fire management plan for the Monument to include the land transferred under section 3(b)(1); and (2) in accordance with the revised plan, carry out hazardous fuel management activities within the boundaries of the National Monument and Preserve. (c) Existing Forest Service Contracts- (1) IN GENERAL- The Secretary shall-- (A) allow for the completion of any Forest Service stewardship or service contract executed as of the date of enactment of this Act with respect to the National Preserve; and (B) recognize the authority of the Secretary of Agriculture for the purpose of administering a contract described in subparagraph (A) through the completion of the contract. (2) TERMS AND CONDITIONS- All terms and conditions of a contract described in paragraph (1)(A) shall remain in place for the duration of the contract. (3) LIABILITY- The Forest Service shall be responsible for any liabilities relating to a contract described in paragraph (1)(A). (d) Grazing- (1) IN GENERAL- Subject to paragraph (2), the Secretary may allow the grazing of livestock within the National Preserve to continue as authorized under permits or leases in existence as of the date of enactment of this Act. (2) APPLICABLE LAW- Grazing under paragraph (1) shall be-- (A) at a level not greater than the level at which the grazing exists as of the date of enactment of this Act, as measured in Animal Unit Months; and (B) in accordance with each applicable law (including National Park Service regulations). (e) Fish and Wildlife- The Secretary shall permit hunting and fishing on land and waters within the National Preserve in accordance with applicable Federal and State laws, except that the Secretary may, in consultation with the Oregon Department of Fish and Wildlife, designate zones in which, and establish periods during which, no hunting or fishing shall be permitted for reasons of public safety, administration, or compliance by the Secretary with any applicable law (including regulations). SEC. 5. VOLUNTARY GRAZING LEASE OR PERMIT DONATION PROGRAM. (a) Donation of Lease or Permit- (1) ACCEPTANCE BY SECRETARY CONCERNED- The Secretary concerned shall accept a grazing lease or permit that is donated by a lessee or permittee for-- (A) the Big Grayback Grazing Allotment located in the Rogue River-Siskiyou National Forest; and (B) the Billy Mountain Grazing Allotment located on a parcel of land that is managed by the Secretary (acting through the Director of the Bureau of Land Management). (2) TERMINATION- With respect to each grazing permit or lease donated under paragraph (1), the Secretary shall-- (A) terminate the grazing permit or lease; and (B) ensure a permanent end to grazing on the land covered by the grazing permit or lease. (b) Effect of Donation- A lessee or permittee that donates a grazing lease or grazing permit (or a portion of a grazing lease or grazing permit) under this section shall be considered to have waived any claim to any range improvement on the associated grazing allotment or portion of the associated grazing allotment, as applicable. SEC. 6. WILD AND SCENIC RIVER DESIGNATIONS. (a) Designation- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: `(208) RIVER STYX, OREGON- The subterranean segment of Cave Creek, known as the River Styx, to be administered by the Secretary of the Interior as a scenic river.'. (b) Potential Additions- (1) IN GENERAL- Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: `(141) OREGON CAVES NATIONAL MONUMENT AND PRESERVE, OREGON- `(A) CAVE CREEK, OREGON- The 2.6-mile segment of Cave Creek from the headwaters at the River Styx to the boundary of the Rogue River Siskiyou National Forest. `(B) LAKE CREEK, OREGON- The 3.6-mile segment of Lake Creek from the headwaters at Bigelow Lakes to the confluence with Cave Creek. `(C) NO NAME CREEK, OREGON- The 0.6-mile segment of No Name Creek from the headwaters to the confluence with Cave Creek. `(D) PANTHER CREEK- The 0.8-mile segment of Panther Creek from the headwaters to the confluence with Lake Creek. `(E) UPPER CAVE CREEK- The segment of Upper Cave Creek from the headwaters to the confluence with River Styx.'. (2) STUDY; REPORT- Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: `(20) OREGON CAVES NATIONAL MONUMENT AND PRESERVE, OREGON- Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary shall-- `(A) complete the study of the Oregon Caves National Monument and Preserve segments described in subsection (a)(141); and `(B) submit to Congress a report containing the results of the study.'.
S.353 Feb-14-13
STATUS: February 14, 2013.--Introduced. April 25, 2013.-- Subcommittee on Public Lands, Forests, and Mining. Hearings held. June 18, 2013.-- Ordered to be reported with an amendment in the nature of a substitute favorably. September 10, 2013.--Reported to the Senate with an amendment in the nature of a substitute. S. Rept. 113-100. September 10, 2013.--Placed on Senate Legislative Calendar [Calendar No. 178]. S.353 Oregon Treasures Act of 2013 (Introduced in Senate - IS) S 353 IS 113th CONGRESS 1st Session S. 353 To designate certain land in the State of Oregon as wilderness, to make additional wild and scenic river designations in the State of Oregon, and for other purposes. IN THE SENATE OF THE UNITED STATES February 14, 2013 Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate certain land in the State of Oregon as wilderness, to make additional wild and scenic river designations in the State of Oregon, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Oregon Treasures Act of 2013'. SEC. 2. CATHEDRAL ROCK AND HORSE HEAVEN WILDERNESS. (a) Definitions- In this section: (1) LAND EXCHANGE MAP- The term `land exchange map' means the map entitled `Antone Ranch Exchanges' and dated July 26, 2010. (2) PROPOSED WILDERNESS MAP- The term `proposed wilderness map' means the map entitled `Cathedral Rock and Horse Heaven Wilderness' and dated November 8, 2010. (3) SECRETARY- The term `Secretary' means the Secretary of the Interior. (4) STATE- The term `State' means the State of Oregon. (b) Land Exchanges- (1) AUTHORIZATION- (A) SMITH EXCHANGE- (i) IN GENERAL- Subject to paragraphs (2) through (5), if the owner of the non-Federal land described in clause (ii)(I) offers to convey to the United States all right, title, and interest of the owner in and to the non-Federal land, the Secretary shall-- (I) accept the offer; and (II) convey to the owner of the non-Federal land all right, title, and interest of the United States in and to the Federal land described in clause (ii)(II). (ii) DESCRIPTION OF LAND- (I) NON-FEDERAL LAND- The non-Federal land referred to in clause (i) is the approximately 1,135 acres of non-Federal land generally depicted on the proposed wilderness map as `Land transfer from Smith to BLM'. (II) FEDERAL LAND- The Federal land referred to in clause (i)(II) is the approximately 1,195 acres of Federal land generally depicted on the proposed wilderness map as `Land transfer from BLM to Smith'. (B) SHRUM EXCHANGE- (i) IN GENERAL- Subject to paragraphs (2) through (5), if the owner of the non-Federal land described in clause (ii)(I) offers to convey to the United States all right, title, and interest of the owner in and to the non-Federal land, the Secretary shall-- (I) accept the offer; and (II) convey to the owner of the non-Federal land all right, title, and interest of the United States in and to the Federal land described in clause (ii)(II). (ii) DESCRIPTION OF LAND- (I) NON-FEDERAL LAND- The non-Federal land referred to in clause (i) is the approximately 415 acres of non-Federal land generally depicted on the proposed wilderness map as `Land transfer from Shrum to BLM'. (II) FEDERAL LAND- The Federal land referred to in clause (i)(II) is the approximately 555 acres of Federal land generally depicted on the proposed wilderness map as `Land transfer from BLM to Shrum'. (C) YOUNG LIFE EXCHANGE- (i) IN GENERAL- Subject to paragraphs (2) through (5), if the owner of the non-Federal land described in clause (ii)(I) offers to convey to the United States all right, title, and interest of the owner in and to the non-Federal land, the Secretary and the Secretary of Agriculture shall-- (I) accept the offer; and (II) convey to the owner of the non-Federal land all right, title, and interest of the United States in and to the Federal land described in clause (ii)(II). (ii) DESCRIPTION OF LAND- (I) NON-FEDERAL LAND- The non-Federal land referred to in clause (i) is the approximately 10,290 acres of non-Federal land generally depicted on the proposed wilderness map as `Land transfer from Young Life to BLM'. (II) FEDERAL LAND- The Federal land referred to in clause (i)(II) is-- (aa) the approximately 11,365 acres of Federal land generally depicted on the proposed wilderness map as `Land transfer from BLM to Young Life'; (bb) the approximately 645 acres of Federal land generally depicted on the land exchange map as `Land transfer from BLM to Young Life'; and (cc) the approximately 690 acres of Federal land generally depicted on the land exchange map as `Land transfer from USFS to Young Life'. (2) APPLICABLE LAW- Each land exchange under paragraph (1) shall be carried out in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716), including the requirement that the Secretary determine that the public interest will be well served by making the exchange. (3) CONDITIONS- Each land exchange under paragraph (1) shall be subject to-- (A) valid existing rights; (B) the condition that the owner make the offer to convey all or part of the non-Federal land during the 3-year period beginning on the date of enactment of this Act; (C) the condition that the owner of the non-Federal land pay not less than 50 percent of all costs relating to the land exchange, including the costs of appraisals, surveys, and any necessary environmental clearances; (D) the condition that title to the non-Federal land be acceptable to the Secretary and in conformance with the title approval standards applicable to Federal land acquisitions; and (E) such terms and conditions as the Secretary or the Secretary of Agriculture, as appropriate, may require. (4) VALUATION, APPRAISALS, AND EQUALIZATION- (A) IN GENERAL- The value of the Federal land and the non-Federal land to be conveyed in each land exchange under this subsection-- (i) shall be equal, as determined by appraisals conducted in accordance with subparagraph (B); or (ii) if not equal, shall be equalized in accordance with subparagraph (C). (B) APPRAISALS- (i) IN GENERAL- The Federal land and the non-Federal land to be exchanged under this subsection shall be appraised by an independent, qualified appraiser that is agreed to by the Secretary or the Secretary of Agriculture, as appropriate. (ii) REQUIREMENTS- An appraisal under clause (i) shall be conducted in accordance with-- (I) the Uniform Appraisal Standards for Federal Land Acquisitions; and (II) the Uniform Standards of Professional Appraisal Practice. (C) EQUALIZATION- (i) IN GENERAL- If the value of the Federal land and the non-Federal land to be conveyed in a land exchange under this subsection is not equal, the value may be equalized by-- (I) making a cash equalization payment to the Secretary or to the owner of the non-Federal land, as appropriate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); or (II) reducing the acreage of the Federal land or the non-Federal land to be exchanged, as appropriate. (ii) CASH EQUALIZATION PAYMENTS- Any cash equalization payments received by the Secretary under clause (i)(I) shall be-- (I) deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and (II) used in accordance with that Act. (5) SURVEYS- The exact acreage and legal description of the Federal land and non-Federal land to be exchanged under paragraph (1) shall be determined by surveys approved by the Secretary. (6) COMPLETION OF LAND EXCHANGE- It is the intent of Congress that the land exchanges under this subsection be completed not later than 5 years after the date of enactment of this Act. (7) TRANSFER OF ADMINISTRATIVE JURISDICTION- (A) IN GENERAL- Administrative jurisdiction over the approximately 750 acres of Federal land managed by the Bureau of Land Management generally depicted on the land exchange map as `Land transfer from BLM to USFS' is transferred from the Bureau of Land Management to the Forest Service. (B) ADMINISTRATION- The Secretary of Agriculture shall administer the transferred land in accordance with-- (i) the Act of March 1, 1911 (commonly known as the `Weeks Act') (16 U.S.C. 480 et seq.); and (ii) the laws (including regulations) applicable to the National Forest System. (C) COSTS- Any costs relating to the transfer under subparagraph (A), including any costs for surveys and other administrative costs, shall be paid by the Secretary of Agriculture. (c) Potential Wilderness Areas- (1) DESIGNATION OF POTENTIAL WILDERNESS- (A) IN GENERAL- Subject to paragraph (4), in furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas of Federal land managed by the Bureau of Land Management in the State are designated as potential wilderness areas: (i) CATHEDRAL ROCK- Certain land comprising approximately 4,560 acres generally depicted on the proposed wilderness map as `Proposed Cathedral Rock Wilderness'. (ii) HORSE HEAVEN- Certain land comprising approximately 2,815 acres generally depicted on the proposed wilderness map as `Proposed Horse Heaven Wilderness'. (B) INTERIM MANAGEMENT- Subject to paragraph (4), each potential wilderness area designated under paragraph (1) shall be managed in a manner that maintains or improves the wilderness character of the potential wilderness area and suitability of the potential wilderness area for designation in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) until the date on which the potential wilderness area is designated as wilderness under paragraph (2). (2) DESIGNATION OF WILDERNESS- (A) CATHEDRAL ROCK WILDERNESS- Subject to paragraph (4), the Federal land within the boundaries of the area generally depicted on the proposed wilderness map as `Proposed Cathedral Rock Wilderness' shall be designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the `Cathedral Rock Wilderness', on the earlier of-- (i) the date on which the Secretary publishes in the Federal Register notice that sufficient inholdings within the boundaries of the Proposed Cathedral Rock Wilderness have been acquired to establish a manageable wilderness unit; or (ii) the date on which the Secretary acquires secs. 2, 11, and 23 in T. 9 S, R. 19 E. (B) HORSE HEAVEN WILDERNESS- Subject to paragraph (4), the Federal land within the boundaries of the area generally depicted on the proposed wilderness map as `Proposed Horse Heaven Wilderness' shall be designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the `Horse Heaven Wilderness', on the earlier of-- (i) the date on which the Secretary publishes in the Federal Register notice that sufficient inholdings within the boundaries of the Proposed Horse Heaven Wilderness have been acquired to establish a manageable wilderness unit; or (ii) the date on which the Secretary acquires those portions of secs. 11, 12, 13, 23, and 24 in T. 10 S, R. 18 E. that are generally depicted as within the boundaries of the `Proposed Horse Heaven Wilderness' on the proposed wilderness map. (C) MAPS; LEGAL DESCRIPTIONS- (i) IN GENERAL- As soon as practicable after the date on which a wilderness area is designated under subparagraph (A) or (B), the Secretary shall prepare a map and legal description of the wilderness area. (ii) FORCE OF LAW- The maps and legal descriptions prepared under clause (i) shall have the same force and effect as if included in this section, except that the Secretary may correct minor errors in the maps and legal descriptions. (iii) AVAILABILITY- The maps and legal descriptions prepared under clause (i) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (D) ADMINISTRATION OF WILDERNESS- (i) IN GENERAL- Subject to valid existing rights, each area designated as wilderness under subparagraph (A) or (B) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (I) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (II) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. (ii) GRAZING- The grazing of livestock in a wilderness area designated under subparagraph (A) or (B), if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered necessary by the Secretary, in accordance with-- (I) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (II) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405). (iii) TRIBAL RIGHTS- Nothing in this subsection alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe, including the off-reservation reserved rights secured by the Treaty with the Tribes and Bands of Middle Oregon of June 25, 1855 (12 Stat. 963). (3) INCORPORATION OF ACQUIRED LAND AND INTERESTS- Subject to paragraph (4), any land or interest in land that is acquired by the United States within the boundaries generally depicted on the proposed wilderness map as `Proposed Cathedral Rock Wilderness' and `Proposed Horse Heaven Wilderness' shall-- (A) become part of the potential wilderness area or wilderness area, as applicable; and (B) be managed in accordance with-- (i) this subsection; and (ii) any other applicable laws. (4) TERMINATION OF AUTHORITY- (A) CATHEDRAL ROCK- If the Cathedral Rock Wilderness is not designated as wilderness in accordance with paragraph (2)(A) by the date that is 10 years after the date of enactment of this Act, paragraphs (1) through (3) shall cease to be effective with respect to the Federal land described in paragraph (1)(A)(i). (B) HORSE HEAVEN- If the Horse Heaven Wilderness is not designated as wilderness in accordance with paragraph (2)(A) by the date that is 10 years after the date of enactment of this Act, paragraphs (1) through (3) shall cease to be effective with regard to the Federal land described in paragraph (1)(A)(ii). (5) WITHDRAWAL- Subject to valid existing rights, within the boundaries generally depicted on the proposed wilderness map as `Proposed Cathedral Rock Wilderness' and `Proposed Horse Heaven Wilderness', the Federal land and any land or interest in land that is acquired by the United States is withdrawn from all forms of-- (A) entry, appropriation, and disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. SEC. 3. WILD ROGUE WILDERNESS AREA. (a) Definitions- In this section: (1) COMMISSION- The term `Commission' means the Federal Energy Regulatory Commission. (2) MAP- The term `map' means the map entitled `Wild Rogue Wilderness Additions' and dated December 8, 2011. (3) SECRETARY- The term `Secretary' means the Secretary of the Interior. (4) STATE- The term `State' means the State of Oregon. (5) WILDERNESS ADDITIONS- The term `Wilderness additions' means the land added to the Wild Rogue Wilderness by subsection (b)(1). (b) Expansion of Wild Rogue Wilderness Area- (1) EXPANSION- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 60,000 acres of Bureau of Land Management land, as generally depicted on the map, is included in the Wild Rogue Wilderness, a component of the National Wilderness Preservation System. (2) MAP; LEGAL DESCRIPTION- (A) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the wilderness area designated by paragraph (1), with-- (i) the Committee on Energy and Natural Resources of the Senate; and (ii) the Committee on Natural Resources of the House of Representatives. (B) FORCE OF LAW- The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the map and legal description. (C) PUBLIC AVAILABILITY- The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (3) ADMINISTRATION- Subject to valid existing rights, the Wilderness additions shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (A) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and (B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (4) FISH AND WILDLIFE- Nothing in this subsection affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (5) ADJACENT MANAGEMENT- (A) IN GENERAL- Nothing in this subsection creates any protective perimeter or buffer zone around the Wilderness additions. (B) ACTIVITIES OUTSIDE WILDERNESS- The fact that a nonwilderness activity or use on land outside the Wilderness additions can be seen or heard within the Wilderness additions shall not preclude the activity or use outside the boundary of the Wilderness additions. (6) PROTECTION OF TRIBAL RIGHTS- Nothing in this subsection diminishes any treaty rights of an Indian tribe. (7) WITHDRAWAL- Subject to valid existing rights, the Wilderness additions are withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (c) Wild and Scenic River Designations, Rogue River Area- (1) AMENDMENTS- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (5) and inserting the following: `(5) ROGUE, OREGON- `(A) IN GENERAL- The segment of the river extending from the mouth of the Applegate River downstream to the Lobster Creek Bridge, to be administered by the Secretary of the Interior or the Secretary of Agriculture, as agreed to by the Secretaries of the Interior and Agriculture or as directed by the President. `(B) ADDITIONS- In addition to the segment described in subparagraph (A), there are designated the following segments in the Rogue River: `(i) KELSEY CREEK- The approximately 4.8-mile segment of Kelsey Creek from the east section line of T. 32 S., R. 9 W., sec. 34, Willamette Meridian, to the confluence with the Rogue River, as a wild river. `(ii) EAST FORK KELSEY CREEK- The approximately 4.6-mile segment of East Fork Kelsey Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5, Willamette Meridian, to the confluence with Kelsey Creek, as a wild river. `(iii) WHISKY CREEK- `(I) RECREATIONAL RIVER- The approximately 0.6-mile segment of Whisky Creek from the confluence of the East Fork and West Fork to 0.1 miles downstream from road 33-8-23, as a recreational river. `(II) WILD RIVER- The approximately 1.9-mile segment of Whisky Creek from 0.1 miles downstream from road 33-8-23 to the confluence with the Rogue River, as a wild river. `(iv) EAST FORK WHISKY CREEK- `(I) WILD RIVER- The approximately 2.6-mile segment of East Fork Whisky Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11, Willamette Meridian., to 0.1 miles downstream of road 33-8-26 crossing, as a wild river. `(II) RECREATIONAL RIVER- The approximately 0.3-mile segment of East Fork Whisky Creek from 0.1 miles downstream of road 33-8-26 to the confluence with Whisky Creek, as a recreational river. `(v) WEST FORK WHISKY CREEK- The approximately 4.8-mile segment of West Fork Whisky Creek from its headwaters to the confluence with Whisky Creek, as a wild river. `(vi) BIG WINDY CREEK- `(I) SCENIC RIVER- The approximately 1.5-mile segment of Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-9-17.1, as a scenic river. `(II) WILD RIVER- The approximately 5.8-mile segment of Big Windy Creek from 0.1 miles downstream from road 34-9-17.1 to the confluence with the Rogue River, as a wild river. `(vii) EAST FORK BIG WINDY CREEK- `(I) SCENIC RIVER- The approximately 0.2-mile segment of East Fork Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-8-36, as a scenic river. `(II) WILD RIVER- The approximately 3.7-mile segment of East Fork Big Windy Creek from 0.1 miles downstream from road 34-8-36 to the confluence with Big Windy Creek, as a wild river. `(viii) LITTLE WINDY CREEK- The approximately 1.9-mile segment of Little Windy Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River, as a wild river. `(ix) HOWARD CREEK- `(I) SCENIC RIVER- The approximately 0.3-mile segment of Howard Creek from its headwaters to 0.1 miles downstream of road 34-9-34, as a scenic river. `(II) WILD RIVER- The approximately 6.9-mile segment of Howard Creek from 0.1 miles downstream of road 34-9-34 to the confluence with the Rogue River, as a wild river. `(x) MULE CREEK- The approximately 6.3-mile segment of Mule Creek from the east section line of T. 32 S., R. 10 W., sec. 25, Willamette Meridian, to the confluence with the Rogue River, as a wild river. `(xi) ANNA CREEK- The approximately 3.5-mile segment of Anna Creek from its headwaters to the confluence with Howard Creek, as a wild river. `(xii) MISSOURI CREEK- The approximately 1.6-mile segment of Missouri Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24, Willamette Meridian, to the confluence with the Rogue River, as a wild river. `(xiii) JENNY CREEK- The approximately 1.8-mile segment of Jenny Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec.28, Willamette Meridian, to the confluence with the Rogue River, as a wild river. `(xiv) RUM CREEK- The approximately 2.2-mile segment of Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9, Willamette Meridian, to the confluence with the Rogue River, as a wild river. `(xv) EAST FORK RUM CREEK- The approximately 1.3-mile segment of East Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10, Willamette Meridian, to the confluence with Rum Creek, as a wild river. `(xvi) WILDCAT CREEK- The approximately 1.7-mile segment of Wildcat Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river. `(xvii) MONTGOMERY CREEK- The approximately 1.8-mile segment of Montgomery Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river. `(xviii) HEWITT CREEK- The approximately 1.2-mile segment of Hewitt Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19, Willamette Meridian, to the confluence with the Rogue River, as a wild river. `(xix) BUNKER CREEK- The approximately 6.6-mile segment of Bunker Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xx) DULOG CREEK- `(I) SCENIC RIVER- The approximately 0.8-mile segment of Dulog Creek from its headwaters to 0.1 miles downstream of road 34-8-36, as a scenic river. `(II) WILD RIVER- The approximately 1.0-mile segment of Dulog Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River, as a wild river. `(xxi) QUAIL CREEK- The approximately 1.7-mile segment of Quail Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1, Willamette Meridian, to the confluence with the Rogue River, as a wild river. `(xxii) MEADOW CREEK- The approximately 4.1-mile segment of Meadow Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xxiii) RUSSIAN CREEK- The approximately 2.5-mile segment of Russian Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20, Willamette Meridian, to the confluence with the Rogue River, as a wild river. `(xxiv) ALDER CREEK- The approximately 1.2-mile segment of Alder Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xxv) BOOZE CREEK- The approximately 1.5-mile segment of Booze Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xxvi) BRONCO CREEK- The approximately 1.8-mile segment of Bronco Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xxvii) COPSEY CREEK- The approximately 1.5-mile segment of Copsey Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xxviii) CORRAL CREEK- The approximately 0.5-mile segment of Corral Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xxix) COWLEY CREEK- The approximately 0.9-mile segment of Cowley Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xxx) DITCH CREEK- The approximately 1.8-mile segment of Ditch Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5, Willamette Meridian, to its confluence with the Rogue River, as a wild river. `(xxxi) FRANCIS CREEK- The approximately 0.9-mile segment of Francis Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xxxii) LONG GULCH- The approximately 1.1-mile segment of Long Gulch from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23, Willamette Meridian, to the confluence with the Rogue River, as a wild river. `(xxxiii) BAILEY CREEK- The approximately 1.7-mile segment of Bailey Creek from the west section line of T. 34 S., R.8 W., sec.14, Willamette Meridian, to the confluence of the Rogue River, as a wild river. `(xxxiv) SHADY CREEK- The approximately 0.7-mile segment of Shady Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xxxv) SLIDE CREEK- `(I) SCENIC RIVER- The approximately 0.5-mile segment of Slide Creek from its headwaters to 0.1 miles downstream from road 33-9-6, as a scenic river. `(II) WILD RIVER- The approximately 0.7-mile section of Slide Creek from 0.1 miles downstream of road 33-9-6 to the confluence with the Rogue River, as a wild river.'. (2) MANAGEMENT- Each river segment designated by subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) shall be managed as part of the Rogue Wild and Scenic River. (3) WITHDRAWAL- Subject to valid existing rights, the Federal land within the boundaries of the river segments designated under subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) is withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (d) Additional Protections for Rogue River Tributaries- (1) LICENSING BY COMMISSION- The Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works on or directly affecting any stream described in paragraph (4). (2) OTHER AGENCIES- (A) IN GENERAL- No department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project on or directly affecting any stream segment that is described in paragraph (4), except to maintain or repair water resources projects in existence on the date of enactment of this Act. (B) EFFECT- Nothing in this paragraph prohibits any department or agency of the United States in assisting by loan, grant, license, or otherwise, a water resources project-- (i) the primary purpose of which is ecological or aquatic restoration; and (ii) that provides a net benefit to water quality and aquatic resources. (3) WITHDRAWAL- Subject to valid existing rights, the Federal land located within a 1/4 mile on either side of the stream segments described in paragraph (4), is withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (4) DESCRIPTION OF STREAM SEGMENTS- The following are the stream segments referred to in paragraph (1): (A) KELSEY CREEK- The approximately 4.5-mile segment of Kelsey Creek from its headwaters to the east section line of T. 32 S., R. 9 W., sec. 34. (B) EAST FORK KELSEY CREEK- The approximately 0.2-mile segment of East Fork Kelsey Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5. (C) EAST FORK WHISKY CREEK- The approximately 0.9-mile segment of East Fork Whisky Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11. (D) LITTLE WINDY CREEK- The approximately 1.2-mile segment of Little Windy Creek from its headwaters to the west section line of T. 33 S., R. 9 W., sec. 34. (E) MULE CREEK- The approximately 5.1-mile segment of Mule Creek from its headwaters to the east section line of T. 32 S., R. 10 W., sec. 25. (F) MISSOURI CREEK- The approximately 3.1-mile segment of Missouri Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24. (G) JENNY CREEK- The approximately 3.1-mile segment of Jenny Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 28. (H) RUM CREEK- The approximately 2.2-mile segment of Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9. (I) EAST FORK RUM CREEK- The approximately 0.8-mile segment of East Fork Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10. (J) HEWITT CREEK- The approximately 1.4-mile segment of Hewitt Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19. (K) QUAIL CREEK- The approximately 0.8-mile segment of Quail Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1. (L) RUSSIAN CREEK- The approximately 0.1-mile segment of Russian Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20. (M) DITCH CREEK- The approximately 0.7-mile segment of Ditch Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5. (N) LONG GULCH- The approximately 1.4-mile segment of Long Gulch from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23. (O) BAILEY CREEK- The approximately 1.4-mile segment of Bailey Creek from its headwaters to the west section line of T. 34 S., R. 8 W., sec. 14. (P) QUARTZ CREEK- The approximately 3.3-mile segment of Quartz Creek from its headwaters to its confluence with the North Fork Galice Creek. (Q) NORTH FORK GALICE CREEK- The approximately 5.7-mile segment of the North Fork Galice Creek from its headwaters to its confluence with Galice Creek. (R) GRAVE CREEK- The approximately 10.2-mile segment of Grave Creek from the confluence of Wolf Creek downstream to the confluence with the Rogue River. (S) CENTENNIAL GULCH- The approximately 2.2-mile segment of Centennial Gulch from its headwaters to its confluence with the Rogue River. (T) GALICE CREEK- The approximately 2.2-mile segment of Galice Creek from the confluence with the South Fork Galice Creek downstream to the Rogue River. SEC. 4. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS, MOLALLA RIVER, OREGON. (a) In General- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: `(208) MOLALLA RIVER, OREGON- `(A) IN GENERAL- The following segments in the State of Oregon, to be administered by the Secretary of the Interior as a recreational river: `(i) MOLALLA RIVER- The approximately 15.1-mile segment from the southern boundary line of T. 7 S., R. 4 E., sec. 19, downstream to the edge of the Bureau of Land Management boundary in T. 6 S., R. 3 E., sec. 7. `(ii) TABLE ROCK FORK MOLALLA RIVER- The approximately 6.2-mile segment from the easternmost Bureau of Land Management boundary line in the NE 1/4 sec. 4, T. 7 S., R. 4 E., downstream to the confluence with the Molalla River. `(B) WITHDRAWAL- Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by subparagraph (A) is withdrawn from all forms of-- `(i) entry, appropriation, or disposal under the public land laws; `(ii) location, entry, and patent under the mining laws; and `(iii) disposition under all laws relating to mineral and geothermal leasing or mineral materials.'. (b) Technical Corrections- Section 3(a)(102) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) is amended-- (1) in the heading, by striking `SQUAW CREEK' and inserting `WHYCHUS CREEK'; (2) in the matter preceding subparagraph (A), by striking `McAllister Ditch, including the Soap Fork Squaw Creek, the North Fork, the South Fork, the East and West Forks of Park Creek, and Park Creek Fork' and inserting `Plainview Ditch, including the Soap Creek, the North and South Forks of Whychus Creek, the East and West Forks of Park Creek, and Park Creek'; and (3) in subparagraph (B), by striking `McAllister Ditch' and inserting `Plainview Ditch'. SEC. 5. TECHNICAL CORRECTIONS TO THE WILD AND SCENIC RIVERS ACT. Section 3(a)(69) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(69)) is amended-- (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting appropriately; (2) in the matter preceding clause (i) (as so redesignated), by striking `The 44.5-mile' and inserting the following: `(A) DESIGNATIONS- The 44.5-mile'; (3) in clause (i) (as so redesignated)-- (A) by striking `25.5-mile' and inserting `27.5-mile'; and (B) by striking `Boulder Creek at the Kalmiopsis Wilderness boundary' and inserting `Mislatnah Creek'; (4) in clause (ii) (as so redesignated)-- (A) by striking `8' and inserting `7.5'; and (B) by striking `Boulder Creek to Steel Bridge' and inserting `Mislatnah Creek to Eagle Creek'; (5) in clause (iii) (as so redesignated)-- (A) by striking `11' and inserting `9.5'; and (B) by striking `Steel Bridge' and inserting `Eagle Creek'; and (6) by adding at the end the following: `(B) WITHDRAWAL- Subject to valid rights, the Federal land within the boundaries of the river segments designated by subparagraph (A), is withdrawn from all forms of-- `(i) entry, appropriation, or disposal under the public land laws; `(ii) location, entry, and patent under the mining laws; and `(iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.'.
S.352 Feb-14-13
STATUS: February 14, 2013: Introduced. April 22, 2013: Reported to the Senate without amendment. S. Rept. 113-28 April 22, 2013: Placed on Senate Legislative Calendar. [Calendar No. 59] June 19, 2013:--Passed Senate without amendment by Unanimous Consent. June 20, 2013.--Referred to the House Committee on Natural Resources. S.352 Devil's Staircase Wilderness Act of 2013 (Introduced in Senate - IS) S 352 IS 113th CONGRESS1st SessionS. 352 To provide for the designation of the Devil's Staircase Wilderness Area in the State of Oregon, to designate segments of Wasson and Franklin Creeks in the State of Oregon as wild rivers, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 14, 2013 Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the designation of the Devil's Staircase Wilderness Area in the State of Oregon, to designate segments of Wasson and Franklin Creeks in the State of Oregon as wild rivers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Devil's Staircase Wilderness Act of 2013'. SEC. 2. DEFINITIONS. In this Act: (1) MAP- The term `map' means the map entitled `Devil's Staircase Wilderness Proposal' and dated June 15, 2010. (2) SECRETARY- The term `Secretary' means-- (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. (3) STATE- The term `State' means the State of Oregon. (4) WILDERNESS- The term `Wilderness' means the Devil's Staircase Wilderness designated by section 3(a). SEC. 3. DEVIL'S STAIRCASE WILDERNESS, OREGON. (a) Designation- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 30,540 acres of Forest Service land and Bureau of Land Management land in the State, as generally depicted on the map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the `Devil's Staircase Wilderness'. (b) Map; Legal Description- (1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Wilderness. (2) FORCE OF LAW- The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) AVAILABILITY- The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management. (c) Administration- Subject to valid existing rights, the area designated as wilderness by this section shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (1) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land within the Wilderness. (d) Fish and Wildlife- Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (e) Adjacent Management- (1) IN GENERAL- Nothing in this section creates any protective perimeter or buffer zone around the Wilderness. (2) ACTIVITIES OUTSIDE WILDERNESS- The fact that a nonwilderness activity or use on land outside the Wilderness can be seen or heard within the Wilderness shall not preclude the activity or use outside the boundary of the Wilderness. (f) Protection of Tribal Rights- Nothing in this section diminishes any treaty rights of an Indian tribe. (g) Transfer of Administrative Jurisdiction- (1) IN GENERAL- Administrative jurisdiction over the approximately 49 acres of Bureau of Land Management land north of the Umpqua River in sec. 32, T. 21 S., R. 11 W, is transferred from the Bureau of Land Management to the Forest Service. (2) ADMINISTRATION- The Secretary shall administer the land transferred by paragraph (1) in accordance with-- (A) the Act of March 1, 1911 (commonly known as the `Weeks Law') (16 U.S.C. 480 et seq.); and (B) any laws (including regulations) applicable to the National Forest System. SEC. 4. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND FRANKLIN CREEK, OREGON. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: `(208) FRANKLIN CREEK, OREGON- The 4.5-mile segment from its headwaters to the line of angle points within sec. 8, T. 22 S., R. 10 W., shown on the survey recorded in the Official Records of Douglas County, Oregon, as M64-62, to be administered by the Secretary of Agriculture as a wild river. `(209) WASSON CREEK, OREGON- The 10.1-mile segment in the following classes: `(A) The 4.2-mile segment from the eastern boundary of sec. 17, T. 21 S., R. 9 W., downstream to the western boundary of sec. 12, T. 21 S., R. 10 W., to be administered by the Secretary of the Interior as a wild river. `(B) The 5.9-mile segment from the western boundary of sec. 12, T. 21 S., R. 10 W., downstream to the eastern boundary of the northwest quarter of sec. 22, T. 21 S., R. 10 W., to be administered by the Secretary of Agriculture as a wild river.'.
S.349 Feb-14-13
STATUS: February 14, 2013.--Introduced. April 23, 2013.--Hearing on Subcommittee on National Parks. May 16, 2013. Full committee markup; Ordered to be reported without amendment favorably. June 13, 2013.--Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably. June 27, 2013.--Reported to Senate without an amendment. S. Rept. 113-60. June 27, 2013.--Placed on Senate Legislative Calendar [Calendar No. 114]. S.349 Wood-Pawcatuck Watershed Protection Act (Introduced in Senate - IS) S 349 IS 113th CONGRESS 1st Session S. 349 To amend the Wild and Scenic Rivers Act to designate a segment of the Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers in the States of Connecticut and Rhode Island for study for potential addition to the National Wild and Scenic Rivers System, and for other purposes. IN THE SENATE OF THE UNITED STATES February 14, 2013 Mr. REED (for himself, Mr. BLUMENTHAL, Mr. WHITEHOUSE, and Mr. MURPHY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate a segment of the Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers in the States of Connecticut and Rhode Island for study for potential addition to the National Wild and Scenic Rivers System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Wood-Pawcatuck Watershed Protection Act'. SEC. 2. BEAVER, CHIPUXET, QUEEN, WOOD, AND PAWCATUCK RIVERS STUDY. (a) Designation for Study- Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: `(141) BEAVER, CHIPUXET, QUEEN, WOOD, AND PAWCATUCK RIVERS, RHODE ISLAND AND CONNECTICUT- The following segments: `(A) The approximately 10-mile segment of the Beaver River from the headwaters in Exeter, Rhode Island, to the confluence with the Pawcatuck River. `(B) The approximately 5-mile segment of the Chipuxet River from Hundred Acre Pond to the outlet into Worden Pond. `(C) The approximately 10-mile segment of the upper Queen River from the headwaters to the Usquepaugh Dam in South Kingstown, Rhode Island, including all tributaries of the upper Queen River. `(D) The approximately 5-mile segment of the lower Queen (Usquepaugh) River from the Usquepaugh Dam to the confluence with the Pawcatuck River. `(E) The approximately 11-mile segment of the upper Wood River from the headwaters to Skunk Hill Road in Richmond and Hopkinton, Rhode Island, including all tributaries of the upper Wood River. `(F) The approximately 10-mile segment of the lower Wood River from Skunk Hill Road to the confluence with the Pawcatuck River. `(G) The approximately 28-mile segment of the Pawcatuck River from Worden Pond to Nooseneck Hill Road (Rhode Island Rte 3) in Hopkinton and Westerly, Rhode Island. `(H) The approximately 7-mile segment of the lower Pawcatuck River from Nooseneck Hill Road to Pawcatuck Rock, Stonington, Connecticut, and Westerly, Rhode Island.'. (b) Study and Report- Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: `(20) BEAVER, CHIPUXET, QUEEN, WOOD, AND PAWCATUCK RIVERS, RHODE ISLAND AND CONNECTICUT- Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- `(A) complete the study of the Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers, Rhode Island and Connecticut, described in subsection (a)(141); and `(B) submit to the appropriate committees of Congress a report that describes the results of the study.'.
S.347 Feb-14-13
STATUS: February 14, 2013: Introduced. March 14, 2013: Full Committee Business Meeting. Ordered to be reported with an amendment favorably. April 22, 2013: Reported by Senator Wyden with an amendment. With written report No. 113-27. April 22, 2013: Placed on Senate Legislative Calendar [Calendar No. 58] S.347 First State National Historical Park Act (Introduced in Senate - IS) S 347 IS 113th CONGRESS 1st Session S. 347 To establish the First State National Historical Park in the State of Delaware, and for other purposes. IN THE SENATE OF THE UNITED STATES February 14, 2013 Mr. CARPER (for himself and Mr. COONS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the First State National Historical Park in the State of Delaware, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `First State National Historical Park Act'. SEC. 2. DEFINITIONS. In this Act: (1) HISTORICAL PARK- The term `historical park' means the First State National Historical Park established by section 3(a)(1). (2) SECRETARY- The term `Secretary' means the Secretary of the Interior. (3) STATE- The term `State' means-- (A) the State of Delaware; and (B) in the case of the property described in section 3(b)(8), the States of Delaware and Pennsylvania. SEC. 3. FIRST STATE NATIONAL HISTORICAL PARK. (a) Establishment- (1) IN GENERAL- Subject to paragraph (3), there is established the First State National Historical Park, to be administered as a unit of the National Park System. (2) PURPOSES- The purposes of the historical park are to preserve, protect, and interpret the nationally significant cultural and historic resources in the State that are associated with-- (A) early Dutch, Swedish, and English settlement of the Colony of Delaware and portions of the Colony of Pennsylvania; and (B) the role of Delaware -- (i) in the birth of the United States; and (ii) as the first State to ratify the Constitution. (3) DETERMINATION BY SECRETARY- (A) IN GENERAL- The historical park shall not be established until the date on which the Secretary determines that sufficient land or interests in land have been acquired from among the sites described in subsection (b) to constitute a manageable park unit. (B) NOTICE- Not later than 30 days after making a determination under subparagraph (A), the Secretary shall publish a notice in the Federal Register of the establishment of the historical park, including an official boundary map for the historical park. (C) AVAILABILITY OF MAP- The map published under subparagraph (B) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (b) Historic Sites- The Secretary may include the following sites within the boundary of the historical park as generally depicted on the maps numbered 1 through 6, entitled `First State National Historical Park, New Castle, Kent, Sussex Counties, DE and Delaware County, PA' and `First State National Historical Park, Woodlawn', numbered T19/80,000G, and dated February 2013: (1) The Old Sherriff's House in New Castle County, Delaware, as depicted on map 4 of 6. (2) Fort Christina National Historic Landmark in New Castle County, Delaware, as depicted on map 3 of 6. (3) Old Swedes Church National Historic Landmark in New Castle County, Delaware, as depicted on map 3 of 6. (4) Old New Castle Courthouse in New Castle, Delaware, as depicted on map 4 of 6. (5) John Dickinson Plantation National Historic Landmark in Kent County, Delaware, as depicted on map 5 of 6. (6) Dover Green in Kent County, Delaware, as depicted on map 5 of 6. (7) Ryves Holt House in Sussex County, Delaware, as depicted on map 6 of 6. (8) The Woodlawn property in New Castle County, Delaware, and Delaware County, Pennsylvania, as depicted on map 2 of 6. (9) Old New Castle Green, in New Castle, Delaware, as depicted on map 4 of 6. SEC. 4. ADMINISTRATION. (a) In General- The Secretary shall administer the historical park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) Land Acquisition- (1) METHODS- (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary may acquire all or a portion of any of the sites described in section 3(b), including easements or other interests in land, by purchase from a willing seller, donation, or exchange. (B) DONATION ONLY- (i) PROPOSED NPS SITE- The Secretary may acquire only by donation all or a portion of the property identified as `Proposed NPS Site' on map 2 of 6 entitled `First State National Historical Park, Woodlawn', numbered T19/80,000G, and dated February 2013, including easements or other interests in land. (ii) AREA FOR POTENTIAL ADDITION BY DONATION- The Secretary may acquire only by donation all or a portion of the property identified as `Area for Potential Addition by Donation' on map 2 of 6 entitled `First State National Historical Park, Woodlawn', numbered T19/80,000G, and dated February 2013. (2) BOUNDARY ADJUSTMENT- On acquisition of land or an interest in land under paragraph (1), the boundary of the historical park shall be adjusted to reflect the acquisition. (c) Interpretive Tours- The Secretary may provide interpretive tours to sites and resources in the State that are located outside the boundary of the historical park and associated with the purposes for which the historical park is established, including-- (1) Fort Casimir; (2) DeVries Monument; (3) Amstel House; (4) Dutch House; and (5) Zwaanendael Museum. (d) Cooperative Agreements- (1) IN GENERAL- The Secretary may enter into a cooperative agreement with the State, political subdivisions of the State, institutions of higher education, nonprofit organizations, and individuals to mark, interpret, and restore nationally significant historic or cultural resources within the boundaries of the historical park, if the cooperative agreement provides for reasonable public access to the resources. (2) COST-SHARING REQUIREMENT- (A) FEDERAL SHARE- The Federal share of the total cost of any activity carried out under a cooperative agreement entered into under paragraph (1) shall be not more than 50 percent. (B) FORM OF NON-FEDERAL SHARE- The non-Federal share may be in the form of in-kind contributions or goods or services fairly valued. (e) Management Plan- (1) IN GENERAL- Not later than 3 fiscal years after the date on which funds are made available to carry out this subsection, the Secretary shall complete a management plan for the historical park. (2) APPLICABLE LAW- The management plan shall be prepared in accordance with section 12(b) of Public Law 91-383 (16 U.S.C. 1a-7(b)) and other applicable laws. SEC. 5. NATIONAL LANDMARK STUDY. (a) In General- Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall complete a study assessing the historical significance of additional properties in the State that are associated with the purposes of historical park. (b) Requirements- The study prepared under subsection (a) shall include an assessment of the potential for designating the additional properties as National Historic Landmarks. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.
S.343 Feb-14-13
STATUS: February 14, 2013.--Introduced. July 30, 2013.—Hearing by subcommittee. S.Hrg. 113-85 S.343 Three Kids Mine Remediation and Reclamation Act (Introduced in Senate - IS) S 343 IS 113th CONGRESS1st SessionS. 343 To provide for the conveyance of certain Federal land in Clark County, Nevada, for the environmental remediation and reclamation of the Three Kids Mine Project Site, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 14, 2013 Mr. REID (for himself and Mr. HELLER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the conveyance of certain Federal land in Clark County, Nevada, for the environmental remediation and reclamation of the Three Kids Mine Project Site, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Three Kids Mine Remediation and Reclamation Act'. SEC. 2. DEFINITIONS. In this Act: (1) FEDERAL LAND- The term `Federal land' means the approximately 948 acres of Bureau of Reclamation and Bureau of Land Management land within the Three Kids Mine Project Site, as depicted on the map. (2) HAZARDOUS SUBSTANCE; POLLUTANT OR CONTAMINANT; REMEDY- The terms `hazardous substance', `pollutant or contaminant', and `remedy' have the meanings given those terms in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (3) HENDERSON REDEVELOPMENT AGENCY- The term `Henderson Redevelopment Agency' means the redevelopment agency of the City of Henderson, Nevada, established and authorized to transact business and exercise the powers of the agency in accordance with the Nevada Community Redevelopment Law (Nev. Rev. Stat. 279.382 to 279.685). (4) MAP- The term `map' means the map entitled `Three Kids Mine Project Area' and dated February 6, 2012. (5) SECRETARY- The term `Secretary' means the Secretary of the Interior. (6) STATE- The term `State' means the State of Nevada. (7) THREE KIDS MINE PROJECT SITE- The term `Three Kids Mine Project Site' means the approximately 1,262 acres of land that is-- (A) comprised of-- (i) the Federal land; and (ii) the approximately 314 acres of adjacent non-Federal land; and (B) depicted as the `Three Kids Mine Project Site' on the map. SEC. 3. LAND CONVEYANCE. (a) In General- Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), not later than 90 days after the date on which the Secretary determines that the conditions described in subsection (b) have been met, and subject to valid existing rights and applicable law, the Secretary shall convey to the Henderson Redevelopment Agency all right, title, and interest of the United States in and to the Federal land. (b) Conditions- (1) APPRAISAL; FAIR MARKET VALUE- (A) IN GENERAL- As consideration for the conveyance under subsection (a), the Henderson Redevelopment Agency shall pay the fair market value of the Federal land, if any, as determined under subparagraph (B) and as adjusted under subparagraph (F). (B) APPRAISAL- The Secretary shall determine the fair market value of the Federal land based on an appraisal-- (i) that is conducted in accordance with nationally recognized appraisal standards, including-- (I) the Uniform Appraisal Standards for Federal Land Acquisitions; and (II) the Uniform Standards of Professional Appraisal Practice; and (ii) that does not take into account any existing contamination associated with historical mining on the Federal land. (C) REMEDIATION AND RECLAMATION COSTS- (i) IN GENERAL- The Secretary shall prepare a reasonable estimate of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site. (ii) CONSIDERATIONS- The estimate prepared under clause (i) shall be-- (I) based on the results of a comprehensive Phase II environmental site assessment of the Three Kids Mine Project Site prepared by the Henderson Redevelopment Agency or a designee that has been approved by the State; and (II) prepared in accordance with the current version of the ASTM International Standard E-2137-06 entitled `Standard Guide for Estimating Monetary Costs and Liabilities for Environmental Matters'. (iii) ASSESSMENT REQUIREMENTS- The Phase II environmental site assessment prepared under clause (ii)(I) shall, without limiting any additional requirements that may be required by the State, be conducted in accordance with the procedures of-- (I) the most recent version of ASTM International Standard E-1527-05 entitled `Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process'; and (II) the most recent version of ASTM International Standard E-1903-11 entitled `Standard Guide for Environmental Site Assessments: Phase II Environmental Site Assessment Process'. (iv) REVIEW OF CERTAIN INFORMATION- (I) IN GENERAL- The Secretary shall review and consider cost information proffered by the Henderson Redevelopment Agency and the State in the preparation of the estimate under this subparagraph. (II) FINAL DETERMINATION- If there is a disagreement among the Secretary, Henderson Redevelopment Agency, and the State over the reasonable estimate of costs under this subparagraph, the parties shall jointly select 1 or more experts to assist the Secretary in making the final estimate of the costs. (D) DEADLINE- Not later than 30 days after the date of enactment of this Act, the Secretary shall begin the appraisal and cost estimates under subparagraphs (B) and (C), respectively. (E) APPRAISAL COSTS- The Henderson Redevelopment Agency shall reimburse the Secretary for the costs incurred in performing the appraisal under subparagraph (B). (F) ADJUSTMENT- The Secretary shall administratively adjust the fair market value of the Federal land, as determined under subparagraph (B), based on the estimate of remediation, and reclamation costs, as determined under subparagraph (C). (2) MINE REMEDIATION AND RECLAMATION AGREEMENT EXECUTED- (A) IN GENERAL- The conveyance under subsection (a) shall be contingent on-- (i) the Secretary receiving from the State written notification that a mine remediation and reclamation agreement has been executed in accordance with subparagraph (B); and (ii) the Secretary concurring, by the date that is 30 days after the date of receipt of the written notification under clause (i), that the requirements under subparagraph (B) have been met. (B) REQUIREMENTS- The mine remediation and reclamation agreement required under subparagraph (A) shall be an enforceable consent order or agreement between the State and a party obligated to perform under the consent order or agreement administered by the State that-- (i) obligates a party to perform, after the conveyance of the Federal land under this Act, the remediation and reclamation work at the Three Kids Mine Project Site necessary to ensure all remedial actions necessary to protect human health and the environment with respect to any hazardous substances, pollutant, or contaminant will be taken, in accordance with all Federal, State, and local requirements; and (ii) contains provisions determined to be necessary by the State, including financial assurance provisions to ensure the completion of the remedy. (3) NOTIFICATION FROM AGENCY- As a condition of the conveyance under subsection (a), not later than 90 days after the date of execution of the mine remediation and reclamation agreement required under paragraph (2), the Henderson Redevelopment Agency shall submit to the Secretary written notification that the Henderson Redevelopment Agency is prepared to accept conveyance of the Federal land under subsection (a). SEC. 4. WITHDRAWAL. (a) In General- Subject to valid existing rights, for the 10-year period beginning on the earlier of the date of enactment of this Act or the date of the conveyance required by this Act, the Federal land is withdrawn from all forms of-- (1) entry, appropriation, operation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and the geothermal leasing laws. (b) Existing Reclamation Withdrawals- Subject to valid existing rights, any withdrawal under the public land laws that includes all or any portion of the Federal land for which the Bureau of Reclamation has determined that the Bureau of Reclamation has no further need under applicable law is relinquished and revoked solely to the extent necessary-- (1) to exclude from the withdrawal the property that is no longer needed; and (2) to allow for the immediate conveyance of the Federal land as required under this Act. (c) Existing Reclamation Project and Permitted Facilities- Except as provided in subsection (a), nothing in this Act diminishes, hinders, or interferes with the exclusive and perpetual use by the existing rights holders for the operation, maintenance, and improvement of water conveyance infrastructure and facilities, including all necessary ingress and egress, situated on the Federal land that were constructed or permitted by the Bureau of Reclamation before the effective date of this Act. SEC. 5. ACEC BOUNDARY ADJUSTMENT. Notwithstanding section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713), the boundary of the River Mountains Area of Critical Environmental Concern (NVN 76884) is adjusted to exclude any portion of the Three Kids Mine Project Site consistent with the map. SEC. 6. RESPONSIBILITIES OF THE PARTIES. (a) Responsibility of Parties to Mine Remediation and Reclamation Agreement- On completion of the conveyance under section 3, the responsibility for complying with the mine remediation and reclamation agreement executed under section 3(b)(2) shall apply to the parties to the agreement. (b) Savings Provision- If the conveyance under this Act has occurred, but the terms of the agreement executed under section 3(b)(2) have not been met, nothing in this Act-- (1) affects the responsibility of the Secretary to take any additional response action necessary to protect public health and the environment from a release or the threat of a release of a hazardous substance, pollutant, or contaminant; or (2) unless otherwise expressly provided, modifies, limits, or otherwise affects-- (A) the application of, or obligation to comply with, any law, including any environmental or public health law; or (B) the authority of the United States to enforce compliance with the requirements of any law or the agreement executed under section 3(b)(2).